Prayers

The House met in a hybrid proceeding.

Introduction: Lord Clarke of Nottingham

The right honourable Kenneth Harry Clarke, CH, QC, having been created Baron Clarke of Nottingham, of West Bridgford in the County of Nottinghamshire, was introduced and took the oath, supported by Lord Heseltine and Lord Deben, and signed an undertaking to abide by the Code of Conduct.

Introduction: Baroness Stuart of Edgbaston

The right honourable Gisela Stuart, having been created Baroness Stuart of Edgbaston, of Edgbaston in the City of Birmingham, was introduced and took the oath, supported by Lord Owen and Lord King of Lothbury, and signed an undertaking to abide by the Code of Conduct.

Arrangement of Business
 - Announcement

Lord Fowler: My Lords, the Hybrid Sitting of the House will now begin. Some Members of the House are here in the Chamber, respecting social distancing, others are participating remotely, but all Members will be treated equally. Oral Questions will now commence. Please can those asking supplementary questions keep them short and confined to two points? I ask that Ministers’ answers are also brief.

Energy: Hydrogen
 - Question

Lord Oates: To ask Her Majesty’s Government whether the Hydrogen Advisory Council will develop a fully-funded hydrogen strategy for the United Kingdom.

Lord Callanan: My Lords, the Hydrogen Advisory Council was established in July to formalise Government/industry engagement. The council and its working groups will inform the development of a UK hydrogen strategy,  which will be published before COP 26 early next year. Similarly, those involved in the council and the working groups will of course play a role in its implementation. The strategy will include discussion around the costs associated with the expansion of the UK hydrogen economy and how these might be met.

Lord Oates: I thank the Minister for his reply. Will he join me in celebrating Britain’s leading role in hydrogen technology? We are making world-first hydrogen buses in Ballymena, Falkirk and Yorkshire, and world-first hydrogen boilers in Worcester and Preston, and building the world’s first green hydrogen gigafactory in Sheffield. Does he agree that, if we are to maintain our competitive edge, our hydrogen strategy must do three things: grow supply and demand in parallel, establish regional hydrogen hubs, and start with technologies that are available now and easy to scale up, such as hydrogen buses and trains?

Lord Callanan: The noble Lord is entirely correct. He makes a very good point that this is an important new developing technology that we will want to support as much as we can. The UK is well placed to play a leading role in all the areas that he mentions, and when the hydrogen strategy is published it will take account of all those factors.

Viscount Hanworth: I understand that most of the hydrogen that is consumed in the UK is generated by the steam reformation of methane, whereby one molecule of methane and one of water produce three molecules of hydrogen and one of carbon monoxide, which rapidly becomes carbon dioxide. The process is therefore by no means carbon neutral. Moreover, it requires a substantial input of energy, which at present is liable to come from fossil fuels. Are the Government prepared to insist that in future the supply of hydrogen will be produced by electrolysis? Will they also take steps to ensure that there will be a regular supply of carbon-neutral electricity sufficient for the purpose? Can we be assured that the hydrogen strategy has a purpose beyond that of supplementing our dwindling supplies of natural gas?

Lord Callanan: The noble Viscount is of course referring to the different kinds of hydrogen, referred to as green and blue hydrogen. We take the view that both will be needed to meet the UK’s potential hydrogen demand by 2050. Blue hydrogen has a role to play in producing cost-effective low-carbon hydrogen at scale, but of course we will need to use carbon-capture technology along with it.

Lord Teverson: My Lords, as taxpayers we spend a lot of money paying renewable energy sources—solar, and particularly wind—not to produce when we do not need that energy. That is something we renewable energy advocates all feel slightly embarrassed about. Is this not a way to ensure that this never happens in future and that the surplus electricity generated at those peak times is used for the electrolysis method? That would ensure we were a hydrogen economy. Also, when are we going to get the energy White Paper?

Lord Callanan: I can certainly agree with the noble Lord’s first point; he is entirely correct. The energy White Paper should be out towards the end of this year.

Lord Howell of Guildford: My Lords, I declare my energy interests as in the register. Does my noble friend agree that hydrogen as an energy vector is an old story with an entirely new life nowadays? Has he noticed that Japan has declared its aim to be the world’s first hydrogen-based economy, safely using both green hydrogen from surplus renewable electricity, of which there is plenty, and blue hydrogen or hythane, already referred to, when mixed with natural gas? Could the very welcome new Hydrogen Advisory Council be encouraged to follow Japan closely or even rival that ambition?

Lord Callanan: The noble Lord is entirely correct that a number of other countries are developing hydrogen strategies. However, the Government believe that the UK is currently well placed and in the leading pack internationally. We are keeping pace with international developments and leading in a number of international fora on this subject.

Baroness Meacher: My Lords, when around 80% of UK households have gas heating systems and these systems account for about 30% of the UK’s CO2 emissions, will the Government’s hydrogen strategy include a commitment to introduce hydrogen-ready boilers for 2025? This would not only support our net-zero targets but sustain and create thousands of jobs, since we are of course home to companies such as Worcester Bosch and Baxi, which are making world-first hydrogen boilers.

Lord Callanan: The noble Baroness is entirely correct. We are planning to publish a heat and buildings strategy in due course, setting out the immediate actions we will take. We are already working with Baxi and Worcester Bosch, the companies she mentioned, on hydrogen-ready boilers. These have been developed under a £25 million pot of funding, which BEIS provided.

Lord Grantchester: Hydrogen in transport is key to unlocking its wider use across the economy; there are some relatively quick and easy wins. The renewable transport fuel obligation already exists. Have the Government progressed plans to extend the RTFO guidance to include both green and blue hydrogen as vehicle fuels, with legislative changes to encourage the supply chain necessary to deploy hydrogen bus and train fleets?

Lord Callanan: We are closely examining all these matters. The noble Lord makes a good point and these matters will be addressed in the hydrogen strategy, when it is published in due course.

Lord Bradshaw: I believe that industry is very anxiously awaiting the hydrogen strategy to which the Minister refers. As other noble Lords have said,  green hydrogen, which does not produce CO2, is relatively easy to make using the surplus energy we have, most of it from wind. The strategy must make great efforts in that direction.

Lord Callanan: Green hydrogen is relatively easy to make from electrolysis but it uses large amounts of electricity, so we need to work on improving the technology. However, these are all factors that we are already working on with industry in the Hydrogen Advisory Council, which will advise us on the next steps forward with the hydrogen strategy.

Lord Truscott: My Lords, I declare my interests as a former UK Energy Minister and as listed in the register. The need for a hydrogen strategy is now well overdue, as we have heard. Where is the promised £100 million low-carbon hydrogen production fund? Given that most of the new nuclear schemes have collapsed, how are the Government now going to achieve their low-carbon targets?

Lord Callanan: The noble Lord mentioned the £100 million of investment through the low-carbon hydrogen production fund. We are proceeding with that while also investing up to £121 million between 2015 and 2021 in hydrogen innovation. Yes, we are waiting for the strategy but also getting on with some of the key building blocks in advance of it.

Lord Bourne of Aberystwyth: My Lords, will the Minister give an indication of when the specific terms of reference of the Hydrogen Advisory Council will be published? Will he confirm the welcome news that low-carbon hydrogen use at scale is a central plank of our hosting of COP 26 in Glasgow next year?

Lord Callanan: The Hydrogen Advisory Council has already been established and is meeting. My noble friend is entirely correct that hydrogen will play a key role in our decarbonisation efforts. We will want to set that out fully before the COP in 2021.

Lord Ravensdale: My Lords, I declare my interests as in the register. Currently the major basis for hydrogen production, as other noble Lords have said, is steam methane reforming, of which CO2 is a by-product. It requires the successful deployment of CCS, which is a high risk from an engineering and commercial perspective. Does the Minister agree that a drive in research and development towards non-methane reforming sources of production needs to be a major priority?

Lord Callanan: I agree that we need to look at all available technologies for the production of hydrogen, whether blue or green, including electrolysis and other methods. It will be a key fuel for our decarbonisation efforts and we need to consider all available technologies.

Baroness Verma: My Lords, I too refer to my interests in the register. I congratulate my noble friend on the fund for innovation but can he also tell me what  work is being done with the construction industry for future builds, to try to ensure that the innovation we are investing in is deployed into the new build?

Lord Callanan: We will shortly set out a heat and buildings strategy, which will take account of these factors. As I mentioned earlier, we are already working with the boiler manufacturers through a £25 million fund to see how much hydrogen we can currently inject into the system. Experiments are taking place in various parts of the country to see how we can deploy hydrogen into the domestic gas networks. Obviously, we need to work with the boiler manufacturers to ensure that that works.

Lord Fowler: My Lords, all supplementary questions have been asked and we now move to the next Question.

Maritime Industry
 - Question

Lord Mountevans: To ask Her Majesty’s Government what proportion, if any, of the increased research and innovation funding, announced in the Budget on 11 March, is allocated to the maritime industry to assist that sector to meet its net zero emissions obligations.

Lord Mountevans: My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my maritime interests, as listed in the register.

Lord Callanan: The Chancellor has made it clear that one of his priorities is to make the UK a science superpower, including leading on the development of technologies that will support the Government’s ambition to reach net-zero carbon emissions by 2050. In the autumn, the comprehensive spending review will set out details of this historic investment, giving researchers and innovators confidence and ensuring that we can meet the objectives we have set out in the R&D roadmap.

Lord Mountevans: I thank the Minister for his reply. The maritime industry has worked tirelessly during the Covid emergency to keep vital supply lines open, but this has come at a cost and businesses’ cash reserves are now heavily depleted. The industry has submitted a bid for £1 billion of government investment under the comprehensive spending review to kick-start decarbonisation. This would create nearly 75,000 jobs in the maritime industry, across every nation of the UK and especially in our coastal communities. It would help to position Britain as a world leader in maritime decarbonisation, which will be an enormous area of business. Does the Minister recognise the potential of this investment and would he be willing to meet me and industry representatives to explore these possibilities and opportunities?

Lord Callanan: I agree with the noble Lord. The Government carry out their own research into the potential economic opportunities from low and zero-carbon emission shipping, and I recognise that this represents a historic opportunity for the UK. I would certainly be happy to organise a meeting for him, either with my department or the Department for Transport, whichever is the most appropriate.

Lord Taylor of Warwick: [Inaudible.]—maritime still has a hurdle to climb. The recent Global Maritime Issues Monitor cited the World Maritime University’s research into workforce diversity, stating:
“Without increased diversity in the next 10 years, the pace of innovation in the maritime industry will be slow”.
This also applies to achieving net-zero emissions targets. The report made it clear that workforce diversity includes race and gender diversity and is relevant to the issue of net-zero targets. Therefore, what role do the Government have in promoting such diversity in the maritime industry?

Lord Callanan: The Government agree with the need to increase diversity in the maritime sector if it is to meet the challenges of the future. Of course, we need to embrace talent from everywhere. In support of this, we have been working actively with the sector to promote greater diversity. One notable success has been the Women in Maritime task force, established in 2018.

Lord McColl of Dulwich: My Lords, could the Minister tell us how far on the research into the use of butane, methane and ammonia is? Although the use of ammonia creates zero harmful emissions, my shipping friends here in Norway tell me that using ammonia as a fuel creates a very unpleasant smell. Is that problem being addressed? Incidentally, does the Minister know that the noble Lord, Lord Mountevans, is very highly thought of in the maritime world, especially here in Norway?

Lord Callanan: Yes, I was aware of the high regard in which many Peers in this House, including the noble Lord, Lord Mountevans, are held in all countries, including Norway, I am sure. I agree with the noble Lord that the challenge of decarbonisation in the maritime sector is a great one and we are looking at a number of alternative fuels, one of which is ammonia.

Baroness Boycott: My Lords, as we are a nation that imports so much food and uses the maritime system so extensively, what does the Minister think about the fact that we do not yet count the emissions from shipping in our carbon budgets? Can the Government tell me what plans they have to include the sector in the decarbonisation plans to reach net zero?

Lord Callanan: We count the emissions from domestic shipping in our carbon budget plans, but the noble Baroness is right, of course, that we need to work internationally—through the International Maritime Organization and other fora—to reduce the emissions from shipping worldwide.

Lord Berkeley: My Lords, the Minister mentioned that we should wait until the comprehensive spending review to see how much research money would go into this sector, but could he confirm that funding is going into the research and development of low-carbon ferries, which are very important in this country? Will the Government also support the construction of such a ferry at the recently rescued high-tech Appledore Shipyard for the Isles of Scilly to Penzance route, which would then replace the 43 year-old “Scillonian III”?

Lord Callanan: I know the noble Lord takes a close interest in developments on the Isles of Scilly; I have dealt with him in my previous jobs on similar matters. However, as I am sure he is aware, I cannot give specific spending commitments at this stage.

Baroness Scott of Needham Market: My Lords, decarbonising the maritime sector is going to require concerted effort on a global scale. Can the Minister say what position the UK is taking within the IMO with regard to incentives for the sector to decarbonise and, in particular, a proposal to introduce a small tax on bunker fuel—which is currently untaxed—which could be used to build a fund to carry out more R&D into decarbonisation?

Lord Callanan: I know that, as one of the leading shipping nations, we are working closely with a number of other nations in the IMO to bring about a reduction in emissions from the maritime sector. I am not aware of our precise position on the matters that the noble Baroness mentions, so I will write to her on that.

Baroness Gardner of Parkes: My Lords, we have heard a lot about the maritime industry and I strongly support that. However, I wonder what the position is on the air industry because, at the moment, there is a tremendous build-up from the public, who are waiting to be able to fly anywhere to get away from everything. It is a most important industry and I believe that it is complying with things like zero-emissions targets. However, the Government really must be aware of this need; how do they intend to meet it?

Lord Callanan: The ingenuity with which noble Lords extend these subjects far and wide never ceases to impress me, but the Question is on maritime emissions. The noble Baroness makes an important point about emissions from aircraft, which I am sure is duly noted.

Lord Grantchester: The Government have repeatedly been asked to plug the gap of the exclusion of international aviation and shipping from the provisions of the Climate Change Act. In July, reports hinted that—at last—it was the Government’s intention to add shipping to its net-zero target but not until 2023. To take the question of the noble Baroness, Lady Boycott, a little further, I ask the Minister to explain the delay—especially after the Committee on Climate Change called for shipping to be formally included in the UK’s climate targets under the carbon budget?

Lord Callanan: As I said, we already include domestic shipping but, of course, putting shipping in our carbon budgets is very much an international matter. We work with other countries to ensure that emissions are counted in the same way for every country, but I have noted the noble Lord’s points.

Lord Greenway: My Lords, we have a proud history of innovation, especially in the marine field, and any help that the Government can give the shipping industry in this connection is most welcome. Without shipping, world trade would be a shadow of what it is today. Is not the real nub behind the Question to find a viable replacement for the modern combustion engine? Ships are very different from trains and cars and for a large ship—weighing several hundred thousand tonnes—to steam across the oceans of the world for over 20 years, a major solution is required. What are the Government doing to find this?

Lord Callanan: The noble Lord makes a valid point about the difficulties of decarbonising the maritime sector, and this is one reason why we are looking at alternative methods of propulsion. However, he is right to highlight the challenges.

Lord Browne of Ladyton: My Lords, the Minister will be familiar with the Accelerating the Low Carbon Transition report, published by Brookings in conjunction with the Energy Transitions Commission. It is a mine of useful information and includes this fact:
“The top 20 ports, located in just 12 countries and jurisdictions, control 45% of global container freight.”
In preparation for COP 26, what steps are the Government taking to bring these countries and jurisdictions together to discuss a common regulatory approach to shipping emissions?

Lord Callanan: The noble Lord makes an important point. We are working with a number of other countries through the International Maritime Organization, and we accept that the maritime sector has an R&D gap, with little investment in alternative fuels to date, which is holding back decarbonisation. Therefore, there is no question that the sector presents a great challenge for the net-zero efforts.

Lord Fowler: My Lords, the time allowed for this Question has elapsed.

REACH and CE
 - Question

Lord Haskel: To ask Her Majesty’s Government what progress they have made towards introducing (1) a regulation system for chemicals to replace the European Union’s Registration, Evaluation, Authorisation and Restriction  of Chemicals regulations, and (2) a conformity assessed quality standard to replace the CE certification mark.

Lord Callanan: The preparations that we have made for the possibility of a no-deal exit mean that we are well placed to be ready with our own independent regulatory regime for chemicals by 1 January 2021. On that date, the UKCA marking will also be introduced as a replacement for the EU’s CE marking. Further details on that were published earlier this month.

Lord Haskel: The Minister is in great demand today, but I have to tell him that his proposed framework for the UK REACH is weaker than the one that it is replacing, yet, if we want frictionless trade, we must have common standards. The existing system has kept us safe and secure for many years and has protected our environment. Surely in the current circumstances, instead of pointless and risky duplication, our resources should be put into rebuilding our economy and preserving jobs. This can be helped by simply seeking associate membership of the scheme and not duplicating it. That is what the industry wants. Will the Government do it?

Lord Callanan: As I am sure the noble Lord is well aware, we have made it clear that seeking associate membership of the European Chemicals Agency would require us to accept the judgment and oversight of the European Court of Justice, which is not acceptable. Therefore, we will set up our own regime.

Lord Foulkes of Cumnock: My Lords, this is yet another burden of Brexit. Will the Minister tell the House what the cost will be to the Government and to businesses? Given the fiasco of test and trace, will he give an absolute guarantee that the regime will be up and running by 1 January?

Lord Callanan: Yes, I can give the noble Lord that guarantee. We will keep the transition to UK REACH as simple as possible. We have put in place measures to minimise the cost to businesses and maintain access to both the EU and the UK market.

Baroness Wheatcroft: My Lords, can the Minister tell the House how many different EU product regulation systems currently govern UK trade with the EU and what progress the Government have made in providing some sort of replacement for them?

Lord Callanan: I can tell my noble friend that there are a number of distinct EU regulatory regimes, including bespoke regimes for chemicals, automotive products, aerospace products, cosmetics and medicines, as well as the CE marking regime, which covers a range of goods. Some but not all of these include registration requirements. Cosmetics and medical devices, as well as chemicals, are examples of areas that include registration or notification requirements. I can confirm that all the necessary regulation and systems will be in place for 1 January 2021.

Baroness Altmann: My Lords, I understand that the UK agency replacing REACH will spend £13 million a year and employ about 40 staff, to replace an agency with more than 600 staff and a budget of more than €100 million. As the UK’s new database of chemical safety will not have access to the EU’s chemical safety database, is there a risk, about which my noble friend might be able to reassure the House, that we might not be equipped to counter the potential for unscrupulous manufacturers to dump products on the UK market that fail to meet the safety standards?

Lord Callanan: We are aware of the possibility, but of course we are working hard to make sure that does not happen. The registration requirements in the UK will be as strict as they were previously; we are seeking to duplicate many aspects of the previous regime. Of course, we are seeking during the negotiations a data-sharing agreement with the European Chemicals Agency which will reduce the costs and burdens of the new scheme.

Lord Fox: My Lords, the Government have been flexible. They have listened and proposed lengthening the registration time for chemicals under British REACH, which I think is welcomed by the industry. However, the cost of registering chemicals has not been addressed. That additional red tape will cost British industry at least £1 billion—that is its estimate. This is money being spent on re-registering chemicals today that cannot be spent on creating jobs for tomorrow. Can the Minister undertake to be similarly flexible when looking at costs and redouble efforts with his department and other departments to address this tax on British business?

Lord Callanan: As I said in previous answers, we are endeavouring to be as flexible as possible to keep the transition as simple as possible and to reduce the costs. As I said, we are seeking a data-sharing agreement with the European Chemicals Agency which will make the registration process relatively straight- forward.

Baroness McIntosh of Pickering: My Lords, the EU Environment Sub-Committee wrote to my noble friend before the summer. Can he confirm today whether he shares my concern at the risk of a lack of oversight of the decision-making process within UK REACH? Can he further confirm what significant resources will be made available to the Health and Safety Executive to give it the tools it needs to manage effectively a new regulation regime?

Lord Callanan: We have put in place a new UK REACH IT system, closely modelled on the European system to make the process as simple and as easily replicable as possible. The HSE has been provided with the appropriate resources to police the new system.

Lord Stevenson of Balmacara: My Lords, can the Minister confirm that, when the transition period ends, health and environmental protection in Northern Ireland in respect of chemical and pesticide imports will be considerably better than in the rest of  the United Kingdom because Northern Ireland will still be covered by the existing EU REACH rules and regulations under the withdrawal agreement?

Lord Callanan: No. We intend the system in the UK to be as safe and as effective as the EU REACH system.

Baroness Bowles of Berkhamsted: Under the Northern Ireland protocol, the process for Northern Ireland businesses moving goods to and from the EU under EU REACH will not change. What does that mean for goods going from Britain to Northern Ireland? Will Northern Ireland businesses have to grandfather their EU registrations into UK REACH?

Lord Callanan: Under the terms of the Northern Ireland protocol, Northern Ireland will remain aligned with all relevant EU rules relating to the placing on the market of manufactured goods and with the EU REACH system.

Lord German: My Lords, the UKCA marking will not be applicable in Northern Ireland, whereas the CE marking will be, as well as the UKNI marking. Can the Minister afford the House some advice? What advice would he give to suppliers and traders working in the United Kingdom and producing in Great Britain if they might see their goods popping up in a shop in Northern Ireland? Should they register both with the CE marking and the UKCA marking to ensure that their goods can be marketed not only in Northern Ireland but across the European Union?

Lord Callanan: If those traders wanted to sell their goods into the European Union market, because that was the system they had, they would have to be CE marked. They would have to comply with similar standards if they wanted to sell them in the North American market.

Lord McNicol of West Kilbride: My Lords, all supplementary questions have been asked. We now move to the fourth Oral Question.

Taiwan
 - Question

Baroness D'Souza: To ask Her Majesty’s Government what assessment they have made of reports of the presence of the Chinese Air Force in Taiwan’s airspace; and what steps they are taking to support the independence of that country.

Lord Ahmad of Wimbledon: My Lords, the United Kingdom is concerned by any activity that risks destabilising the cross-strait status quo. All sides should refrain from taking provocative  actions and resolve their differences through peaceful dialogue. Our long-standing policy on Taiwan has not changed; we have a strong, unofficial relationship with Taiwan based on dynamic commercial, educational and cultural ties.

Baroness D'Souza: I thank the Minister for his response. China clearly rejects international rules and values, as evidenced by events in Hong Kong, on the Sino-Indian border and in the South China Sea, and, most recently, by its repeated aggressive incursions into Taiwan’s airspace. Does not the UK’s reluctance to provide Taiwan with overt political, diplomatic and trade support indicate tolerance for China’s expansionist policies, with particular reference to Taiwan?

Lord Ahmad of Wimbledon: My Lords, we remain very strong in ensuring that, on the basis I have already outlined, we continue to strengthen our wide range of exchanges with Taiwan, including in relation to trade. Where the recognition of a state is not a prerequisite to any involvement or engagement in international bodies, we have stood up for the right of Taiwan to be part of those discussions—we are very much in favour of that.

Lord Blencathra: Will my noble friend the Minister condemn this further blatant act of aggression by the communist regime in China of threatening its neighbours and stealing islands in the South China Sea? Will he work with all other free, democratic nations to strengthen the military commitment to Taiwan and make it clear that Taiwan is an independent country and not part of the People’s Republic of China?

Lord Ahmad of Wimbledon: My Lords, as I have already outlined, we have repeatedly stood up on the basis of our relationship with Taiwan. On the actual challenges that Taiwan faces in the context of China, we consider that the Taiwan issue is one to be settled peacefully by the people on both sides of the Taiwan Strait. Again, I reiterate to my noble friend that we call out where there are issues of disagreement with China, and anything that seeks to destabilise the current status quo in the Taiwan Strait is a matter of concern for Her Majesty’s Government.

Lord Kilclooney: My Lords, increasingly China is exercising its economic, military and political influence, as has been mentioned, in the South China Sea, India, Australia and of course Hong Kong, and in some nations in Africa and Latin America. Is it not time that there was a joint meeting of the United States, the European Union and the United Kingdom to agree a joint policy towards China before there is a horrible incident?

Lord Ahmad of Wimbledon: My Lords, there are many areas of concern, which I have outlined from the Dispatch Box, in China’s recent behaviour and its exercising particular policies and programmes within the context of the South China Sea, to which the noble Lord referred. We have discussed several times  in the Chamber, and I am sure will continue to, the recent concerns we have had over the actions it has taken through the security law in Hong Kong and the continued issue of human rights in mainland China, particularly with regard to the Uighurs. These will remain the subject of discussions with our allies, close friends and partners, as the noble Lord suggests.

Lord Collins of Highbury: My Lords, the continued campaign to isolate Taiwan by the People’s Republic is limited not just to economic and military issues. There is, obviously, the response by the WHO. Of course, at the time of this pandemic, it is really important that Taiwan is able to input its response into the WHO. We need to ensure that this campaign of isolation does not continue. While I am on the subject of the WHO, what further has the Minister done to raise with it the clear evidence of forced organ harvesting in China? Will the UK argue for an end to self-assessment and a move towards independent verification?

Lord Ahmad of Wimbledon: My Lords, on the noble Lord’s second point, concerns have been raised with the World Health Organization on the issue of organ harvesting. I know the noble Lord is aware that the evidence does not comply with action in this regard, but I am sure that we will return to those discussions.
On the initial question about the World Health Organization and World Health Assembly, we continue to lobby in that respect. This is an organisation where the criteria that I outlined earlier about statehood not being a prerequisite applies. Given the performance of Taiwan in dealing with the Covid-19 crisis, I think that it has an important contribution to make in this regard.

Baroness Northover: My Lords, the US Mission to the UN has tweeted that the UN
“was founded to serve … all voices”
in the world, and that
“Barring … Taiwan … is an affront not just to the … Taiwanese people, but to UN principles.”
Does the Minister agree?

Lord Ahmad of Wimbledon: My Lords, as I have just said in my previous answer, we regard the relationship with Taiwan as an important one bilaterally. Equally, we believe that Taiwan has a role to play in international organisations where statehood is not a prerequisite. In the current pandemic of Covid-19, Taiwan’s response shows that it can make a valuable contribution. Therefore, we hope that in November, for example, at the World Health Assembly, it is allowed to attend as an observer.

Bishop of Southwark: My Lords, this country has recognised the Government in Beijing as the legitimate authority in China since January 1950, with a very distinctive status, as the Minister has acknowledged, for Taiwan, which should be discussed peacefully between the authorities in Taipei and those on the mainland. I am glad to hear about the Minister’s lobbying in connection with the World Health  Organization. Would he care to comment on this pattern of marked aggression by the current Chinese Government, which has sought to limit options for people at home and abroad and is so damaging?

Lord Ahmad of Wimbledon: My Lords, the right reverend Prelate is right to raise the importance of a peaceful discussion on the issue of Taiwan between people on both sides of the Taiwan Strait. I agree with him. Increasingly we have seen human rights issues where China is concerned, and I have spoken on that from the Dispatch Box. Our relationship with China is a strategic one, but that does not prevent us from calling out human rights abuses when they occur.

Lord Mackenzie of Framwellgate: My Lords, does the Minister accept that any representations that the UK makes in relation to the violation of Taiwan’s airspace by the PRC exemplify the unnecessary weakening of the UK’s authority and soft power brought about by the Government’s cavalier attitude to the admitted breach of international law by their introduction of the internal market Bill, which seeks to alter the provisions of the withdrawal agreement entered into with the European Union and signed by the Prime Minister?

Lord Ahmad of Wimbledon: My Lords, on the noble Lord’s latter point, I think my right honourable friend the Prime Minister clarified the intent behind the internal market Bill. On the substance of the noble Lord’s question in general, we continue to defend the rights of people around the world, including those in China, where human rights abuses occur and where there are international agreements, as we have talked about before. On the agreements between China and the United Kingdom on Hong Kong, we will continue to lobby to ensure that “one country, two systems” is sustained going forward.

Baroness Garden of Frognal: My Lords, I recently had the pleasure of visiting Taiwan with the noble Baroness, Lady D’Souza, and the noble Lord, Lord Best. I found there a proud, flourishing, democratic country, constantly bullied and threatened by China. Inexplicably, the UK does not recognise Taiwan. What steps have the Government actually taken to remonstrate with China over the recent unprovoked belligerence, and all the other petty measures that it regularly takes to try to intimidate its neighbour?

Lord Ahmad of Wimbledon: My Lords, I agree with the noble Baroness about the vibrancy of the democracy. My right honourable friend the Foreign Secretary congratulated the president on her election at the time. I share the noble Baroness’s concern: whether we are talking about Taiwan or Hong Kong or mainland China, these are deeply concerning issues and we continue to raise them bilaterally, and where necessary in multilateral fora, to ensure that the issues can be addressed quite directly.

Lord Rogan: My Lords, I am sure that the whole House is united in its condemnation of China’s incursions into Taiwanese airspace, which are clearly acts of provocation. Have Her Majesty’s  Government made their opposition to these actions clear to the Chinese ambassador in London? What consideration has been given to supporting Taiwan in strengthening its military defences as a means of demonstrating our revulsion at Beijing’s arrogant aggression?

Lord Ahmad of Wimbledon: My Lords, I can reassure the noble Lord on any attempt to impact the status quo. I say again what I said before: the issue of Taiwan is one to be settled peacefully for both sides. It is important for China to sustain and retain its objective of settling any disputes with Taiwan in a peaceful manner and in the interests of people on both sides of the Taiwan Strait.

Lord McNicol of West Kilbride: My Lords, the time allocated for this Question has elapsed.
Sitting suspended.

Brexit: Civil Service Code
 - Private Notice Question

Baroness Hayter of Kentish Town: To ask Her Majesty’s Government, in the light of reports that new guidance has been issued to civil servants working on Brexit, whether civil servants are expected to “comply with the law and uphold the administration of justice” as set out in the Civil Service Code.

Lord True: My Lords, all civil servants are subject to the Civil Service Code in supporting the Government to put forward the United Kingdom Internal Market Bill for debate in Parliament. The previous Cabinet Secretary was clear at the time that civil servants could and should work on the legislation and its passage through Parliament, as set out in the Government’s legal statement.

Baroness Hayter of Kentish Town: Despite the resignation of the noble and learned Lord, Lord Keen, over the Government’s breach of international law, other Ministers seem to kid themselves that it does not conflict with their Ministerial Code. However, the resignation of Whitehall’s top legal officer, Sir Jonathan Jones, suggests that the work on the internal markets Bill could breach the Civil Service Code’s requirement to comply with the law—despite the new Cabinet Secretary’s apparent offering of safe harbour. Given that one senior civil servant, we hear, has advised colleagues uncomfortable with this to alert their superiors, would the Government extend the directions mechanism from expenditure to policy work, so that Ministers can be asked to provide a direction to work on Clauses 42 to 45? Can the Minister assure the House that no civil servant will be expected to breach their code?

Lord True: My Lords, the situation should not arise because, as the noble Baroness has said, the new Cabinet Secretary has confirmed that he is content for civil servants to work on the Bill and to support Ministers in their duties as it passes through the House. Civil servants are not being asked to act in a way that conflicts with the Civil Service Code. That is the position.

Lord Wallace of Saltaire: My Lords, the Civil Service Code states very clearly, regarding integrity:
“You must … comply with the law”.
The Government’s legal position states that parliamentary sovereignty can override international agreements, but not domestic law. The withdrawal agreement was passed by both Houses of Parliament and thus became—less than nine months ago—part of our domestic law. If the Cabinet Secretary is now telling civil servants that they can disregard this part of the Civil Service Code, is it not appropriate that the Minister for the Civil Service should make a Statement to Parliament, given that the Constitutional Reform and Governance Act makes it clear that the Minister for the Civil Service is responsible to Parliament for the Civil Service Code?

Lord True: My Lords, as I have said, the Cabinet Secretary has made the position clear. All civil servants are of course expected to carry out their role with dedication and commitment to the Civil Service and its core values of integrity, honesty, objectivity and impartiality, which are, as the noble Lord has said, set out in legislation. In my experience, every civil servant rises to that high level required. The Cabinet Secretary has said that he is content for civil servants to work on this Bill.

Lord Singh of Wimbledon: Does the Minister agree that reports on re-educating civil servants on how to comply with the law and the administration of justice have somewhat Orwellian connotations?

Lord True: My Lords, I am not familiar with the reports referred to by the noble Lord, but neither I nor any other Minister is auditioning for a part in an Orwell drama.

Lord Blunkett: My Lords, this goes much wider in terms of the pressure on the Civil Service to abandon that key element of impartiality. Does the Minister accept that there is a very real danger at the moment, with the Civil Service being asked to collude with procurement policies that not only lack transparency but border on nepotism? Margaret Thatcher’s phrase, about whether someone is “one of us”, is now applied to appointments inside and outside the system. In such circumstances, while we can get rid of a Government when they lose trust, once we lose trust in our institutions, in the application of our law or in the impartiality of our Civil Service, we will be seen by the rest of the world as a tinpot regime.

Lord True: I do not agree with that and I regret that the noble Lord—with his enormous experience in government, which I hugely admire—takes that  view. Everybody in this House and outside who has had experience of working with the Civil Service, as I have over many years, understands the relationship. Sometimes we each have to do things—even Ministers—that, in our heart of hearts, we do not agree with. There is a clear process for civil servants who believe that they are being required to act in a way that conflicts with the code. That system exists and is set out in writing; it is available to the House and I am happy to circulate it to Members. The safeguards are there.

Lord Beith: My Lords, the Attorney-General is said to believe that the obligations under the Civil Service and Ministerial Codes apply to keeping domestic law, but not international law. Is that the Government’s position, or is their position, as set out by the noble Lord, Lord Faulks, when he was a Justice Minister, that:
“The obligations on Ministers under the law, including international law, remain unchanged.”—[Official Report, 3/11/15; col. 1522.]

Lord True: My Lords, I am not going to repeat in detail any position that the Attorney-General may or may not have set out. There are traditional rules on that. The Government’s legal position has been set out and sent to the chairmen of the Select Committees. Do the Government maintain the position set out by previous Administrations that law includes international law? Yes, they do.

Lord Rooker: My Lords, what concerns me is how civil servants who might be involved in corruption trials relating to the substantial number of multimillion pound Government contracts let without competition to friends of a special adviser to the Prime Minister will be advised. Any advice from the Minister to them?

Lord True: My Lords, I think it is mildly wide of the Question before the House. Also, some quite serious allegations were made by the noble Lord. I simply repeat that there are very clear procedures available for civil servants who believe that they are being required to act in a way that conflicts with the code. They can start by taking it to their line manager, and the process goes on. As I have said, I am happy to circulate the appropriate procedures to the House.

Baroness Noakes: My Lords, noble Lords have focused on one particular aspect of the Civil Service Code, but there are many other requirements, one of which is that civil servants must not
“frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions.”
Will my noble friend agree that the balancing of the different requirements in the Civil Service Code is best handled by the Civil Service under the procedures he has referred to, and not by a party-political Parliament?

Lord True: Yes, I strongly agree with my noble friend. I do think this is a matter that should be left to the judgment of the leaders of the Civil Service—the  Cabinet Secretary of the time being the main one. My noble friend is of course quite right to say that—and this was reinforced in the Constitutional Reform and Governance Act—certain duties and responsibilities do apply to civil servants.

Baroness Ritchie of Downpatrick: My Lords, could the Minister indicate what discussions have taken place with the Northern Ireland Civil Service regarding the application of the Civil Service Code when there are suggestions of non-compliance with the law—both international and domestic—since the Internal Market Bill will directly impact Northern Ireland?

Lord True: My Lords, I have not been advised on this specific matter within the devolved Administrations and in Northern Ireland, but I will write to the noble Baroness on the subject.

Lord Morris of Aberavon: My Lords, given the Prime Minister’s foreword,
“we must uphold the very highest standards of propriety,”
do the remaining law officers intend to cling to office, where they are aiders and abetters of potential illegality? Has the Lord Chancellor any anxiety about interpreting his statutory duties to uphold the rule of law?

Lord True: My Lords, the law officers act at all times in line with their duties and responsibilities, and I have every confidence that the law officers and this Government will continue to do so. For my own part, I cannot answer questions about the personal positions of other members of the Government.

Lord Balfe: The Question states,
“in the light of reports that new guidance has been issued”.
Could the Minister say whether new guidance has been issued? If it has, will he place a copy in the Library for us to consult? My second point is that it is now 59 years since I became an established civil servant. We have much more of a revolving door these days, and I fear that far too many senior civil servants and Ministers are looking at their next job in the private sector when they are interpreting the regulations. Could the Minister comment as to whether it might be time to review the whole principle of the revolving door? Incidentally, I notice that his colleague, Mr Grayling, went into a £100,000 job this morning, according to the Times.

Lord True: My Lords, the last part of my noble friend’s question is again outwith the Question, but it is an important issue and one that the Government and Parliament turn their attention to from time to time. I am sure that people will note his remarks. As for the reports of a new communication, obviously I made inquiries, as was my duty, having seen the Question. We have not been able to locate this particular communication but if, as has been reported, it is a restatement of the long-standing position which is expressed in the Civil Service Code—that if civil servants ever believe they are being required to act in a way that  conflicts with the code, they should raise it with their line manager, et cetera—I have already told the House that that is the position and it is unchanged. I do not know whether this alleged communication was saying that. If it was, in a sense I have already offered to put that before the House, but I will take it away.
It is extremely important that we do not let the idea be taken that there is conflict and distaste between Ministers and civil servants. That is not the case; it is partnership. Sometimes, things break out. I was reading Servants of the People the other day, in which Ministers are quoted as saying, “Civil servants are useless” and, “We expected to find Rolls-Royce service; we found a Reliant Robin”. People say things and there are moments of crisis in relationships, but my experience is that there is an outstanding relationship between the ministerial side and the Civil Service side under every Government, whatever one hears reported in the press.

Lord Cormack: My Lords, it seems to many of us that there is a less healthy relationship between certain special advisers and Ministers, and that there is a real difference between the code of propriety observed through the centuries by civil servants and the code observed by these more recent arrivals. Will my noble friend arrange for every special adviser and every Minister of the Crown to be sent a copy of the admirable article by our noble friend Lord Hague which appeared in the Daily Telegraph earlier this week?

Lord True: My Lords, I am not personally responsible for the reading habits of every member of the Civil Service, the special adviser corps or the Government. I am sure people have noted what was said. Special advisers are subject to a code. I think that in public life we should all treat each other with grace and understanding, and every now and again there has to be a bit of give and take, of leave and understanding. The fundamental core of Civil Service impartiality remains. The Civil Service’s role as defined in law and practice is something that I and this Government profoundly respect and I am sure it will continue under whoever has the honour of acting as part of the Government in the future.

Lord McNicol of West Kilbride: My Lords, all supplementary questions have now been asked.

Common Frameworks Scrutiny Committee
 - Membership Motion

The Senior Deputy Speaker: Moved by The Senior Deputy Speaker
That a Select Committee be appointed to scrutinise and consider matters relating to common frameworks; and that, as proposed by the Committee of Selection, the following members be appointed to the Committee:
Andrews, B. (Chair), Bruce of Bennachie, L, Caine, L, Crawley, B, Foulkes of Cumnock, L, Garnier, L, Hope of Craighead, L, McInnes of  Kilwinning, L, Murphy of Torfaen, L, Randerson, B, Redfern, B, Ritchie of Downpatrick, B, Thomas of Cwmgiedd, L.
That the Committee have power to send for persons, papers and records;
That the Committee have power to appoint specialist advisers;
That the Committee have power to meet outside Westminster;
That the Committee have leave to report from time to time;
That the reports of the Committee be printed, regardless of any adjournment of the House;
That the evidence taken by the Committee be published, if the Committee so wishes.
Motion agreed.

Communications and Digital Committee
 - Membership Motions

The Senior Deputy Speaker: Moved by The Senior Deputy Speaker
That Baroness Rebuck be appointed a member of the Committee.
That Baroness Gale be appointed a member of the Committee.
That Lord Whitty be appointed a member of the Committee, in place of Lord Foulkes of Cumnock.
Motions agreed.

Square Kilometre Array Observatory (Immunities and Privileges) Order 2020
 - Motions to Approve

Lord Callanan: Moved by Lord Callanan
That the draft Order and Regulations laid before the House on 13 and 14 July be approved. Considered in Grand Committee on 14 September.
Motions agreed.

Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020
 - Motion to Approve

Baroness Bloomfield of Hinton Waldrist: Moved by Baroness Bloomfield of Hinton Waldrist
That the draft Regulations laid before the House on 6 July be approved.
Relevant document: 23rd Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 14 September.
Motion agreed.
Sitting suspended.

Arrangement of Business
 - Announcement

Lord McNicol of West Kilbride: My Lords, the Hybrid Sitting of the House will now resume with questions on a Statement made in the House of Commons on Monday 14 September.

Japan Free Trade Agreement
 - Statement

The following Statement was made on Monday 14 September in the House of Commons.
“I am delighted to announce that last Friday we reached agreement in principle on a free trade deal with Japan. The UK-Japan comprehensive economic partnership agreement is a major moment in our national history. It shows that economic powerhouses, such as Japan, want ambitious deals with the United Kingdom, and it shows that the UK can succeed as an independent trading nation. It shows that we can strike deals that go further and faster than the EU-British-shaped deals that suit our economy.
This deal will drive economic growth and help level up our United Kingdom. On tech, it goes far beyond the EU-Japan deal, banning data localisation and providing for the free flow of data and net neutrality, benefiting our leading tech firms. In services, we have secured improved market access for financial services and better business mobility arrangements for professionals and their families. On food and drink, up to 70 of our brilliant British products can now be recognised in Japan, from Welsh lamb to Yorkshire Wensleydale cheese, English sparkling wine and Stornoway black pudding. Under the EU deal, that was limited to just seven. We have also secured tariff reductions on British goods from biscuits to pork, as well as continued access for malt and Stilton cheese.
In manufacturing, lower tariffs on parts and improved regulatory arrangements will benefit major employers such as Nissan and Hitachi in the north-east. The deal strengthens our ties with the world’s third-largest economy and deepens the bond between two like-minded island nations that believe in free and fair trade.
One of our greatest Prime Ministers, Mrs Thatcher, saw the value of co-operating with Japan in areas such as the automotive sector and electronics in the 1980s, which attracted the likes of Nissan and Toyota to our shores and delivered lasting benefits. Now, in 2020, we will unleash a new era of mutually beneficial economic co-operation with our great friend Japan, pushing new frontiers in areas such as tech and services trade. Japan, as one of the world’s major economies, is a vital partner for the UK and one of the most significant nations in the Pacific region. Securing this Japan deal is a key stepping stone towards joining the trans-Pacific partnership, which is one of the world’s largest free trade areas, covering 13% of the global economy and £110 billion-worth of trade. Accession is vital to our future interests. It will put us in a stronger position to reshape global rules alongside like-minded allies. It will hitch us to one of the fastest growing parts of the world. It will strengthen the global consensus for free trade at a time of global uncertainty and creeping protectionism.
Japan, alongside this agreement, has given its strong commitment for UK accession to the comprehensive and progressive agreement for trans-Pacific partnership, and last week I co-chaired a chief negotiators’ meeting of all 11 TPP countries—the first time that a non-member state has been asked to do this—where we discussed the path to UK membership. As negotiations progress, we will bring forward the formal application process to Parliament, and ensure that it is scrutinised openly and transparently.
As I have promised, there will be a full scrutiny process for the Japan deal and all the other agreements that we strike. Prior to entering negotiations, we issued a scoping assessment and published our objectives. During the negotiations, we have engaged extensively with business and stakeholders, including sharing sensitive tariff and market access information with our new trade advisory groups. We have established a Trade and Agriculture Commission to put our farmers at the heart of trade policy and ensure that their interests are advanced. When it is complete, I will be issuing a copy of the final deal to the International Trade Committee for scrutiny. We will also produce an independently scrutinised impact assessment, covering social, labour, environmental and animal welfare aspects of the agreement so that parliamentarians are able to interrogate the deal and prepare a report that is debated in Parliament. Ultimately, Parliament will decide whether to ratify the deal through the Constitutional Reform and Governance Act process or to withhold its support.
I am strongly of the view that this is a great deal for Britain. It benefits all parts of our country while protecting our red lines on areas such as the NHS and food standards. The agreement that we lay before Parliament will be the first of many, because there is a huge appetite to do business with global Britain and a huge opportunity for every part of this country to benefit from these agreements. This deal is a sign and a signal that we are back as an independent trading nation, back as a major force in global trade and back as a country that stands up for free enterprise across the world. This is just the start for global Britain.”

Lord Stevenson of Balmacara: My Lords, I congratulate the department and its officials on reaching this agreement in principle with Japan. It is a much-needed relief for all those UK companies that would have seen their trade with Japan reverted to WTO terms if the agreement had not been reached by the end of the transition period.
It is also a welcome benefit at a time of great economic uncertainty for the UK’s digital and tech sectors and for other key exporters which, we assume, will benefit from greater access, faster tariff reductions and stronger GI protections under this agreement than they enjoyed under the previous EU-Japan agreement. However, I hope the Minister will accept that in the absence of sight of the actual treaty text, and a full updated impact assessment, there is much about the UK-Japan agreement that we still do not know until these documents are published.
I welcome what is said in the Statement about the extensive scrutiny of the deal itself that will be offered to the International Trade Committee. I also note that there is a reference to an independently scrutinised impact assessment that the department will produce, so that
“parliamentarians are able to interrogate the deal and prepare a report that is debated in Parliament.”
I ask the Minister to confirm that this offer is also available to the International Agreements Committee of your Lordships’ House, and to confirm also that the timing of these releases of documentation will be such that the necessary scrutiny can be done well before the ratification processes of the CRaG Act are triggered—as of course will be the case in Japan, whose Parliament has to ratify the deal before it can be signed.
I have four other questions. The Statement says there will be a tariff reduction on British exports of food and agriculture, which is welcome. However, presumably this is contingent on sorting out the shared quotas we currently have under the existing EU FTA. For example, does this mean that exports will continue to be restricted unless and until other EU countries fail to use them?
The Statement talks up a new area of co-operation with Japan in the automotive and electronic sectors and suggests there will be considerable growth in new areas such as aeronautics. But, as we discussed in an Oral Question earlier this week, is this not likely to be heavily contingent on final decisions on accumulation and rules of origin after the transition period ends? Can the Minister update us on progress in this area?
I ask the Minister what ISDS clauses are contained in the final agreement. If there are any, how can the Minister justify such secretive and unwelcome provisions when there are ample opportunities for agreed parties to use the normal legal processes operating in both our countries?
Finally, can we get behind the headline comparisons that were fed to the press about the benefits this agreement will produce for the UK? Would the Minister agree with me that the correct comparison is what would have happened if we had simply rolled over the existing EU-Japan deal? To put it another way, can the  Minister say what we will be able to do after this FTA is ratified that we cannot do now under the existing EU-Japan FTA—and can he quantify that?
As welcome and necessary as this deal with Japan is, it is still nothing like as important, in terms of our global trade, as reaching a deal to maintain free trade with the European Union. Our trade with Japan is worth 2.2% of our current global trade, which does not come anywhere near the 47% that we have with Europe. That is why commentary on this deal from Japan suggests that the deal that will determine the future of the investment and jobs that Japanese companies bring to UK communities is not the FTA we have just signed, but the one we hope to sign shortly with Europe.

Lord Purvis of Tweed: My Lords, because these Benches want the UK to prosper, we welcome the agreement. However, rather like industry groups, we do so not by hailing it but by sighing a collective sigh of relief that we have secured simple continuity of the benefits we secured as part of the EU. It has come to this—simply securing the trading terms that we had as a member of the EU now that we are out of it was described as “heroic” by a Conservative MP in the Commons on Monday.
It is customary to thank the Government for advance notice of a Statement’s accompanying published documents. However, as referred to, in this case it would have been good to have notice of the text of the agreement—which has yet to be signed—so that we could offer proper scrutiny. In Japan, both Houses of the Diet will need to approve the Cabinet’s decision to endorse the treaty. That is not afforded to our Parliament; we will not have an opportunity to do so. British parliamentarians did with the EU agreement. However, as I said last week on the Trade Bill, the Government seek continuity on most things but not on parliamentary accountability. Can the Government Whips indicate that we will have a substantive debate on this agreement in this House before the Government indicate that they seek ratification?
The Minister gave specific details of the agreement when answering questions on Monday, but we have had no sight of the agreement in order to consider the context and scale of what the Minister said. Like the noble Lord, Lord Stevenson, I welcome what Liz Truss said on Monday in the House of Commons, with regard to a copy being given to the International Trade Committee. I also would like to know whether that will be afforded to our committee, the International Agreements Committee, and when this will be done. Will the text also be made available, as is common in other Parliaments, to Front-Bench spokespeople on a private briefing basis at the same time as it is sent to the committees? What will be the timeframe between it being sent to the committees and a debate in this House?
We have to reserve judgment on the wider benefits the Government claim for the agreement until we have seen them. Over recent months, we have seen the enormous capacity of the Government to oversell and then underdeliver. For example, there was massive fanfare over securing tariff-rate quotas for British agricultural products in this agreement, but then reports suggest that we have actually secured access to any non-utilised quota for EU goods.
With even greater heralding activity, the press release announced:
“New protection for more iconic UK goods … from just seven … to potentially over 70 under our new agreement”.
Understandably, MPs in the Commons lined up to welcome this, but can the Minister confirm that the agreement has no new protections creating GIs, as Japan is under no obligation to expand further its recognition in the future to beyond what we have in the EU deal? Rather, it will simply be able to consider further requests from the EU to a limit of 70.
If it transpires that this spin—which has also described the agreement as “gold standard”—is actually just a commitment to talk about further potential agreements, such as geographical indicators, the Government are building up a huge amount of expectation for very limited benefit. Given the fact that Japanese company Hitachi’s agreement for nuclear power on Anglesey is likely to have a bigger negative economic impact on the United Kingdom than any benefits of this trade agreement, context is all.
On state aid, the Minister referred to a Question I asked on Monday, and he said clearly that this a perpetuation of EU rules which we will be bound by. Can the Minister be clear and tell the House whether it will require domestic state aid legislation to implement this and, if so, will it be a continuation of the EU regime? When will that be brought forward? On tariffs, what will the overall average Japanese import tariff on UK goods be under this agreement, compared to what we have at the moment?
Finally, the Government said that the benefits are likely to yield £15 billion to the UK economy, but they have not given a timeframe. I looked at the Government’s scoping paper, and it said that that source simply stated over “the long term”. The source for that, in the footnote, was internal DIT analysis from 2018. Will the Government publish that? What is the timeframe for that £15 billion—with no caveat—the Government have announced, overselling and underdelivering again? What is the figure? The Government did not quote from that scoping exercise that that figure does not take into consideration the economic impacts of Covid-19, so what is the real likely benefit?
If we are to see the benefits from this agreement, which we wish to, the Government have to be open and transparent. So far, that transparency is lacking. I hope that the Government will be far more open in the coming weeks.

Lord Grimstone of Boscobel: I thank both noble Lords from the Front Benches opposite for welcoming the agreement. I share their view that this is a good agreement for the United Kingdom.
I will do all I can to answer the questions put to me. First, I can confirm that the IAC—our committee which scrutinises agreements—will be treated on all fours with the ITC, and anything that goes to the ITC will also go to the IAC. The next stage, which is going on at the moment, is that the agreement is being “legally scrubbed”, or put into a good state. When that is done, which will probably be sometime in early October, that agreement in the first instance will be  presented in its entirety to the two committees. It will be presented to them in good time for them to report on the agreement at the same time as the whole agreement is laid before your Lordships’ House.
At the same time as we present the agreement, we will present an impact assessment, which will set out the impact of this agreement in various environmental and other matters and, critically, we will publish another assessment which shows where this agreement differs from the previous EU agreement. Therefore, if noble Lords do not mind waiting, when that final package appears in front of the committees, and through the committees to themselves, it will answer the questions that have been asked.
I repeat that we have no desire at all not to be transparent and open with your Lordships’ House. It will be of great benefit to us if these agreements are well understood. They are important in themselves but they will be even more important once our businesses throughout the land understand them and are able to operationalise them to their own benefit.
On some of the specific questions that were raised, I can confirm that there is no ISDS clause in this agreement, so that should not be a matter of concern. Rules of origin are the same as in the previous EU-Japan agreement but with three improvements: our coats, knitwear and biscuits industries have extended rules of origin, so will be able to bring in ingredients from a wider range of places than they could under the previous agreement. Therefore, noble Lords who enjoy their shortbread can be assured that it will now be sold on even better terms into Japan.
The noble Lord, Lord Stevenson, mentioned quotas, which are a very small part of this. Out of £150 million of agricultural trade between the UK and Japan, only £1 million is covered by quotas. As mentioned, our producers will be able to take advantage of the unused quotas in that, and for products such as Stilton cheese, that will certainly be of benefit to its producers.
The state aid references in the agreement are de minimis and the kind of state aid arrangements which we regularly find in agreements of this sort. This in no way creates a new state aid regime for the UK.
The noble Lord, Lord Purvis, mentioned GIs. Japan has agreed that we can put up to 70 further GIs in front of them and the tone of that discussion was very warm. Those GIs will go through a challenge process, but my right honourable friend the Trade Secretary and I are very confident that they, or at least the vast bulk of them, will be approved by the Japanese.
If noble Lords on the Front Benches opposite wish to see any further points of detail covered, I will be happy to deal with them separately. However, if noble Lords do not mind waiting for the next few weeks, until these agreements are out in the open, things will be very clear then, and I hope that will lead to people understanding and further welcoming a very important agreement.

Lord McNicol of West Kilbride: We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

Baroness Bottomley of Nettlestone: I enthusiastically congratulate my noble friend the Minister and my right honourable friend the Prime Minister on a successful conclusion to the UK-Japan trade deal. What could be more fitting than the first post-Brexit trade deal being between our two great enterprising and trading global and island nations? Who would be more than delighted than the former Prime Minister Margaret Thatcher, who instructed me 30 years ago as an intimidated junior Minister to “Forget Brussels—Japan should be our friend, ally and close trading partner for the future”? However, does my noble friend agree that it is now for British industry and commerce to take full advantage of this historic deal, showing the world what the best of British can deliver? How will this historic agreement progress the UK’s accession to the CPTPP?

Lord Grimstone of Boscobel: I thank my noble friend for her generous comments. I know that she is a great expert on Japan so it is particularly welcome that those comments came from her. She is of course right that we see this agreement as a gateway to the trans-Pacific partnership. Some 90% of global growth comes from beyond the EU, so both Japan and the wider Pacific region are vital for Britain’s future economy. We have no doubt that the finalisation of this Japan agreement will greatly help in that process, not least because Japan will hold the chair of the trans-Pacific partnership countries next year.

Lord Bilimoria: My Lords, the signing of the UK-Japan trade deal is a breakthrough moment and is welcomed by business across the country. May I build on what the noble Baroness, Lady Bottomley, just said? How will the Government use this trade deal as a launch pad to secure accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership? Given that this deal supposedly has benefits beyond the EU-Japan trade deal, could the Minister tell us how the Government will ensure that British companies, who may not have utilised EU FTAs as well as they could have, capitalise on this deal and ensure that the £15 billion of additional trade is realised?

Lord Grimstone of Boscobel: I thank the noble Lord for his comments. To answer the second part of his question, there is an obligation on the Department for International Trade to ensure that the benefits of these agreements—in due course, when they are signed and ratified—are well known throughout the UK. For example, the Japan agreement has huge benefits to our SMEs, which are the backbone of our economy. To put it in the nicest way, what would be the point of negotiating these agreements if we did not bring these benefits home to businesses throughout the United Kingdom? A lot is going on with the trans-Pacific partnership accession. Since July 2018, we have engaged with all 11 member countries and recently had a meeting between the Secretary of State and her counterpart in Mexico, attended by all heads of missions of the CPTPP. The tone of the meeting was warm. We are very much encouraged by the members of the CPTPP to pursue our contact with  them, and I have no doubt that that contact will in due course lead to an accession request being made to the trans-Pacific partnership.

Baroness Blackstone: My Lords, does the Minister agree that the trade deal with Japan will boost our GDP by only 0.07%? Will he tell the House how that compares with the economic cost of losing our free trade with the European Union, given that we still seem far from achieving a comprehensive trade agreement with it?

Lord Grimstone of Boscobel: I thank the noble Baroness for that question. Of course, this has a smaller economic benefit than our arrangements with the EU, but I think it is right to gain economic benefit wherever we can. It would seem churlish not to want to pursue a Japan free trade agreement purely because it was smaller than a European free trade agreement. The full benefits of this agreement will be available to the House once the agreement and our impact assessment are published, and I ask the noble Baroness to wait until that happens and, perhaps, consider it then.

Lord Foster of Bath: My Lords, we have been told that in this deal there will be new protections for the UK creative industries and that these protections have gone beyond the EU provisions that tackle online infringement of IP rights such as film and music piracy. The two major asks from the creative industries were that this deal with Japan introduced public performance rights, significantly benefiting the music industry, and a provision such as the one we already have in the UK that allows blocking of websites that provide access to illicit content. Have those two primary objectives been achieved and, if they were not, what confidence can the creative industries have that similar asks will be delivered in future negotiations?

Lord Grimstone of Boscobel: I thank the noble Lord for his question. I can indeed confirm that there are a number of advantages for the creative industries coming out of this enhanced continuity agreement, and the details of them will become apparent when the agreement and assessment are published in due course.

Lord St John of Bletso: My Lords, in welcoming this trade deal, I am particularly pleased that it removes trade barriers, delivering huge gains for the 8,000 UK SMEs exporting goods and services to Japan. I ask two questions. Overall, does the deal give better UK access than under the EU trade deal that was put into force in February last year? Following the question of the noble Baroness, Lady Blackstone, given Her Majesty’s Government's assessment that the trade deal could add 0.07% to UK GDP, what assessment has the department made of the effect of not agreeing a trade deal with the European Union?

Lord Grimstone of Boscobel: Again, I thank the noble Lord for his comments. There is a specific SME chapter in this agreement. It goes further than the previous EU chapter and the whole intent of that  chapter is to make it easier for our SMEs to trade with Japan. Further details will be available on that in due course. I have not seen any assessment in relation to the EU of the sort that he mentioned, and I dare say that it has not been thought necessary because of the overwhelming view in this country that we should leave the European Union, which indeed we did on 1 January this year.

Viscount Trenchard: My Lords, I declare my interests as stated in the register. I am delighted that we have agreed a free trade agreement with Japan and strongly welcome the Statement made in another place by my right honourable friend. As the Secretary of State said, the deal will
“unleash a new era of mutually beneficial economic co-operation with our great friend Japan”.
Against this background, does the Minister agree that it is a great disappointment that Hitachi decided yesterday to change the status of the Horizon nuclear power station project at Wylfa and Oldbury from suspended to cancelled? It is of some comfort that Hitachi has said that it will keep the lines of communication open with government and other key stakeholders regarding future options at both our sites. Can my noble friend confirm that the Government have sent an urgent message to the Government of Japan and Hitachi that they want strongly to work together to find a way of reviving this important project in the interests of all stakeholders?

Lord Grimstone of Boscobel: I thank my noble friend for his comments about the agreement and I am well aware of his great expertise in Japan. As the Minister for Investment, of course it is always a matter of great regret for me if a major company decides not to pursue an investment opportunity in the United Kingdom. My noble friend will realise that nuclear has a huge number of manifestations; these are very large decisions that companies will take. We have maintained contact with Hitachi throughout the process. I believe that this was a decision by the Hitachi board. I have no information in what circumstances it might choose to revisit that decision, but I will say that I have huge admiration for Hitachi. I have spoken to Hitachi at the most senior levels on a number of occasions, and we would always welcome any investment from Hitachi into the United Kingdom.

Lord McConnell of Glenscorrodale: My Lords, I declare my interests as noted in the register, but in particular my membership of the UK board of the UK-Japan 21st Century Group, set up by Prime Minister Thatcher when the noble Baroness, Lady Bottomley, was a Minister. The board met in its annual conference with Japanese colleagues last weekend and warmly welcomed the announcement of the trade deal: in particular the steps towards UK membership of the comprehensive trans-Pacific partnership.
It would also be appropriate today for us to welcome and congratulate Prime Minister Suga on his election yesterday as Prime Minister of Japan. He has a particularly strong commitment to UK-Japan relations and an understanding of the importance of the UK and Japan in maintaining an international rules-based system and that free and fair trade are at the heart of that.  Can the Minister confirm that, when we see the details of this agreement and its implementation over the coming months, there will be nothing that will contradict our commitment to those international agreements on climate change and the sustainable development goals that see the UK and Japan committed to not only free trade but fair trade that helps preserve our planet and develop the global economy?

Lord Grimstone of Boscobel: The noble Lord is yet another example of the vast expertise that we have in this House on these matters and, because of his special insights into Japan, I welcome his commendation of this agreement. He is right to say that Japan and the UK have very similar attitudes to these matters: both of us look to a rules-based economy in world trade. I can confirm that the matters to which he referred have been rolled over from the EU agreement. The EU agreement had very strong provisions in relation to sustainability, climate and other matters, and he will see once the agreement is made available to the House that we have preserved the impact of those measures. I join the noble Lord’s congratulations of the new Japanese Prime Minister: I wish him a long and successful period in post.

Viscount Waverley: My Lords, while naturally congratulating the Government on the progress with the Japan FTA, is it recognised that it is not in the interests of business to spend years negotiating free trade agreements for them to fail because one stakeholder group or another does not agree with them? Specifically, is a free trade agreement model for beyond the EU now being adopted by the UK in trade negotiations—with people speaking well of the Singaporean approach, for example? Can the Government demonstrate that they are being receptive to the principle of a UK-wide trade alliance that affords better scrutiny and transparency, building back better, and a trade model that ensures trade works for everyone, given some concern of limited evidence of inclusion?

Lord Grimstone of Boscobel: I thank the noble Viscount for his question. Before I answer it, I first apologise to him for misunderstanding an Oral Question that he asked me the other day. I have written to him correcting my misunderstanding.
The noble Viscount is completely right that one has to build a constituency for these agreements if they are to have the impact that we all desire. For that reason, we conducted a very extensive call for input between September and November last year on it, and published it along with our response in negotiation objectives. We held round tables across the country, and we have also set up various trade advisory groups with expertise drawn from a wide cross-section of the UK to advise us on the negotiations as they persist. The noble Viscount will understand that the lessons and advancements that you gain in one free trade agreement—subject, of course, to the trammels of negotiation—often get rolled forward into future free trade agreements. We believe that we are on the cutting edge of free trade agreements, and we are looking forward to those cutting edges appearing in the new free trade agreements that we intend to negotiate and ratify going forward.

Lord Howell of Guildford: My Lords, I declare my interests as set out in the register and join in the congratulations on the achievement of this agreement in principle, and for which my noble friend the Minister deserves a certain amount of personal credit. I join, too, in the sending of good wishes to the new Japanese Prime Minister, Mr Yoshihide Suga. Could this deal herald an era of increased collaboration with Japan, not just on trade and business but across the whole range of security and defence co-ordination, such as the extension of the Five Eyes alliance in south-east Asia, and here at home on major infrastructure projects in railways, nuclear and other areas—replacing perhaps over-ubiquitous Chinese involvement with a more friendly Japanese presence? I join my noble friend Lord Trenchard in urging a reversal of the Hitachi withdrawal from our nuclear programme, which is a pity. Could steps be taken urgently to reverse that and maintain the programme?

Lord Grimstone of Boscobel: Again, I thank my noble friend for his comments. He makes a very good point. I have always seen the signing of these agreements as having psychological and practical impacts that go far wider than the agreements themselves. The deep interaction that goes on in the negotiations gives rise to much better understanding between Governments. It awakens interest in a whole range of society in the countries being negotiated with. As he does, I see this as a harbinger of even closer relationships with Japan in a whole number of areas, including the important defence and security areas to which he refers.

Baroness Wheatcroft: My Lords, I was interested to read in the Minister’s recent letter regarding this deal that there would be new protection for the more iconic UK goods such as Cornish pasties. How large does he judge the Japanese appetite for Cornish pasties to be? More importantly, what has the UK given to the Japanese that goes beyond what the EU deal gives? We have heard only of the potential— I stress, potential—upside of this deal. I should like to know what benefits go the other way.

Lord Grimstone of Boscobel: I thank the noble Baroness for that question. In relation to Cornish pasties, I have unwittingly watched television programmes from time to time that show the extraordinary variety of food that they eat in Japan. I am sure that against that background the Cornish pasty would be more than welcomed by Japanese consumers. In terms of the impact of this agreement, compared with the EU agreement, I ask her to await the publication of the agreement and of the report that we will produce setting out the differences in detail.

Lord Shipley: My Lords, the agreement is welcome but, a few days ago, British and European motor manufacturers warned of £100 billion in losses over the next five years if there is no trade deal with the EU. That is on top of an estimated €100 billion cost from the Covid pandemic. Does the Minister understand the implications for our motor industry and for Japanese companies if there is no deal with the EU, and the consequent danger to British jobs that inevitably would follow?

Lord Grimstone of Boscobel: I thank the noble Lord for that question. We are all aware of the vast amount of trade that we have with the European Union and the impact of that not just on our car industry but on other industries. That is why I am sure that he will join me in hoping that those negotiations reach a sensible conclusion. We believe that we have put pragmatic proposals to the EU, and we are hoping that it will shortly see that and agree an agreement with us.

Baroness McIntosh of Pickering: My Lords, I warmly welcome this agreement. My question is simple. My noble friend stated that we will continue to be bound by the state aid arrangements that currently apply to the EU-Japan agreement. Why will we not agree to be bound by those same rules in our future relationship with the EU? What is so different between that relationship and our relationship with Japan?

Lord Grimstone of Boscobel: I thank my noble friend for her question. Perhaps I may repeat that the state aid provisions found in this free trade agreement are de minimis and in no way compare with what one might call the state aid environment that is the matter under discussion between the UK and the EU. Full details of this will be seen when the agreement is finally published.
Sitting suspended.

Arrangement of Business
 - Announcement

Earl of Kinnoull: My Lords, hybrid proceedings will now begin. Some Members are here in the Chamber, respecting social distancing, and others are participating remotely, but all Members will be treated equally. If the capacity of the Chamber is exceeded, I will immediately adjourn the House.
I will call Members to speak in the order listed in the annexe to today’s list. Interventions during speeches or before the noble Lord sits down are not permitted and uncalled speakers will not be heard. Other than the mover of an amendment or the Minister, Members may speak only once on each group. Short questions of elucidation after the Minister’s response are permitted but discouraged. A Member wishing to ask such a question, including Members in the Chamber, must email the clerk.
The groupings are binding and it will not be possible to degroup an amendment for separate debate. A Member intending to press an amendment already debated to a Division should have given notice in the debate. Leave should be given to withdraw amendments. When putting the question, I will collect voices in the Chamber only. If a Member taking part remotely intends to trigger a Division, they should make this clear when speaking on the group.

Agriculture Bill
 - Report (2nd Day)

Clause 16: Support for rural development
  

Debate on Amendment 43 resumed.

Baroness Wilcox of Newport: My Lords, it seems only right that, having spoken on the amendments in the fourth group, which would have restricted financial assistance to solely supporting production, I also respond to these amendments, which call for the opposite.
Amendments 43 and 44 come from different places but clearly demonstrate the importance of allowing a level of financial assistance for purposes other than production. I absolutely agree with the noble Baroness, Lady Bennett of Manor Castle, when she said on Tuesday evening that she wishes to see a United Kingdom where there are no food banks. Their proliferation in both rural and urban areas in the last 10 years is a failure of government to address poverty issues in our communities. The devastating effects of the pandemic, combined with the disastrous rollout of universal credit, have pushed more and more people in this country into reliance on these services, which casts an indelible blight on one of the world’s richest economies.
I am particularly interested to hear the Minister’s response to Amendment 44, which raises the lack of progress—in public, at least—in relation to the UK shared prosperity fund. I know that my colleagues in both national and local government in Wales are particularly interested to know what happens next in the distribution of this promised funding, which replaces the generous EU grants of previous decades. I share my noble friend Lady Young’s fears about the shared prosperity fund being neither shared nor prosperous.
In relation to Amendment 44, does the Minister believe this point is covered by the government amendments in the group after next? If not, is there any form of contingency should a gap arise in the availability of development funds?

Lord Gardiner of Kimble: My Lords, I thank all noble Lords for their contributions to this debate. I will take Amendments 43 and 44 together. I would like to reassure your Lordships that we recognise the importance of the issues that these amendments raise. Farmers and farming households make a valuable contribution to our national life, and we recognise that the needs of farming households may change as we move away from the common agricultural policy.
As set out in their manifesto, the Government intend to introduce the UK shared prosperity fund to replace EU structural funds. The manifesto also stated that it will, at a minimum, match the size of those funds in each nation, which was reiterated by the Chancellor in the last Budget. The final decisions about the quantum and design of the funding will take place after a cross-governmental spending review.
The Government have made a long-standing commitment to ensure that all policies are rural proofed—that is, ensuring that policy outcomes work in rural areas. This includes the development and delivery of the UK shared prosperity fund, on which Defra and MHCLG officials are working closely. In advance of the introduction of the UK shared prosperity fund, £60 million of funding will continue to flow to rural businesses via the final tranche of the growth programme, which the RPA is currently assessing.
The fund will play a vital role in supporting rural and coastal communities in recovery and renewal from Covid-19, and our expectation is that the growth programme and LEADER elements of EAFRD will be a component of the fund. This was set out in a letter from the Defra Secretary of State to the chair of the EFRA Select Committee on 7 September. Defra officials continue to work closely with the Ministry of Housing, Communities and Local Government, which leads on the fund’s development, to ensure that its design takes account of the dynamics of rural economies and particularly the challenges faced by rural communities, as well as the opportunities that I believe rural communities have. We have been in contact with MHCLG Ministers and I can assure your Lordships that MHCLG recognises the importance of these considerations.
I fully recognise the importance of reassuring rural communities and farming households about the future of local growth funding. The Government will look to set out their national approach to local economic recovery and devolution through a White Paper expected in the autumn. We firmly believe that the best way to make progress is to continue to work collaboratively at local and national level. The MHCLG has established an economic recovery working group, which meets regularly, bringing together a range of local growth partners to work on emerging themes and concerns across the country, including those relevant to rural areas. This includes representatives from rural local enterprise partnerships and local authorities.
If new socioeconomic support programmes were to be operated under Clause 16, they would have to operate under broadly the same framework dictated by the existing CAP. Clause 16 provides the Secretary of State with the power to modify or repeal retained EU legislation relating to rural development in England. This clause will not be used to introduce any new schemes, as they will be covered under Clause 1.
I very much hope that the noble Lord, Lord Cameron of Dillington, and the noble Earl will accept my confirmation that the UK shared prosperity fund will provide great opportunities for growth and investment in rural communities and will include the successor for the growth programme and LEADER elements of EAFRD. I believe this is a cause we all share and hope that, on that basis, given the explanation of the work we are undertaking between the two departments and the imperative of rural proofing, the noble Lord will feel able to withdraw his amendment.

Earl of Kinnoull: I have received a request to ask a question from the noble Earl, Lord Devon.

Earl of Devon: Following up the question from the noble Baroness, Lady Wilcox, I ask the Minister to confirm whether he considers that government Amendments 45 and 46 might address the issues raised by Amendment 44. It is important to have that clarified. I thought that they did as I read them in preparation for today. That would certainly alleviate some of the concerns behind Amendment 44.

Lord Gardiner of Kimble: My Lords, when we come to the amendments in my name I will explain that they intend to, and will, provide for the smooth running of existing schemes under the EU programmes, not only so that they can continue to work well but so that people due to receive funds from them can do so. The amendments we have discussed were about additional and beyond, but my amendments on retained EU law are technical amendments to ensure that the existing programme under the existing schemes can work effectively.

Lord Cameron of Dillington: My Lords, I thank all those who have taken part in this short debate, albeit that it has taken place over two days—three, if you add in yesterday. I also thank the Minister for his carefully worded reply. I know that he personally understands the problems I have described and the importance of the wider rural economy, not only to farmers and farming households but to those who live on the edge in our countryside and whose poverty remains largely ignored by government.
Meanwhile, I reassure my good friend, the noble Baroness, Lady Young, that it was never my intention to take money away from ELMS, or even the agricultural budget—or perhaps, as she might have put it more figuratively, I had no wish to hang another bauble on to the ELMS Christmas tree. I was trying to make the “rural affairs” bit of Defra a bit more of a reality, as recommended by two Select Committee reports of this House in recent years. However, as hinted at by my very old friend, the noble Baroness, Lady Chisholm, it is probably best to keep rural communities alongside all other communities and therefore firmly within the ministry for communities, now known as MHCLG.
The Minister has indeed given me some comfort in what he said about the shared prosperity fund, although I realise that nothing is certain before the comprehensive spending review. It might have been good to hear some indication as to when we will get any tangible details about the shared prosperity fund, but I suppose, with our economy currently on a precipice of uncertainty owing to the fallout from Covid and the ongoing doubts about the Brexit deal, it would have been asking too much to expect more detail when neither the Treasury nor MHCLG have any firm grip on where they are going.
Anyway, I will stop there. In the light of the Minister’s undertakings on the Floor of the House about a future rural component of a shared prosperity fund, I beg leave to withdraw my amendment.
Amendment 43 withdrawn.
Amendment 44 not moved.

Amendment 44A

Lord Holmes of Richmond: Moved by Lord Holmes of Richmond
44A: Clause 16, page 12, line 44, at end insert—“( ) amending Annex IV of the Regulation (indicative list) to cover broadband connectivity and digital literacy.”

Lord Holmes of Richmond: My Lords, it is a pleasure to move Amendment 44A. In doing so, I thank my noble friend Lady McIntosh of Pickering for her support. The amendment is incredibly straight- forward. It would enable farmers and all those in our rural communities to have the broadband connectivity and digital skills to operate confidently in that space.
As we have seen through the Covid crisis, our farmers have been on the front line in so many ways, filling in for long supply chains that should, in many ways, probably not have been that length in the first place. Our farmers have absolutely stepped up. Although they have been on the front line, they have often found it impossible to be online. The National Farmers Union broadband survey last year showed that 15% of those in our rural communities had no indoor broadband connectivity at all, and a shocking 36% could say they had only adequate broadband cover.
As we have also seen through the Covid crisis, it is not just the economic imperative to be online; there is a social and psychological dimension. Not only have our farmers not been able to run their businesses efficiently and effectively, the social dimension of keeping in contact with friends and family, and the psychological difficulties often felt with the remoteness of rural communities, have been brought home only too strongly through the Covid crisis.
Amendment 44A would put an end to this parlous position when it comes to broadband, digital connectivity and digital literacy. Earlier this year, in response to the EFRA Select Committee inquiry on broadband conductivity, the Government said that they had in principle put £5 billion in and would look at a shared rural broadband network. It was talked of in principle and intention. How do the Government intend to put that into will?
It is not just good soil and good farm management that produce our fabulous food, fruit and horticulture products but having high-speed broadband and the confidence and digital skills to operate in cyberspace as much as across the fields of the United Kingdom. We must demonstrate that we are all in this together. That means providing a level of broadband and digital literacy for all our farmers and all those in our rural communities. Does my noble friend the Minister agree? If the Government are not up for supporting the amendment, will she say how they intend to get the best out of all our rural communities, not least our farmers, to deliver on the levelling-up agenda and to drive economic, social and psychological benefits for our farmers and all those across our rural communities? I beg to move.

Baroness McIntosh of Pickering: My Lords, I am delighted to support Amendment 44A and I thank my noble friend Lord Holmes of Richmond for tabling it. I pay tribute to his expertise, knowledge and sheer  perseverance in this area. It gives me the opportunity to draw further attention to how woeful broadband and wi-fi connections are in many parts of rural England because places are simply too far—more than a mile—from the local box.
Also, many will not appreciate the issue with the mobile phone signal. I look directly at the Woolsack; I am sure this problem is not unfamiliar in Scotland. In the summer in parts of North Yorkshire where the red phone boxes have been removed it is inherently dangerous if you do not have access to a landline. It is incredibly important that we should have a good mobile phone service. I had hoped we would be able to piggyback on the police service, but apparently we are not able to do that for security reasons. North Yorkshire Police made a massive investment to make sure they could apprehend criminals by getting reinforcements where that was the case.
I take this opportunity to bring to my noble friend the Minister’s attention how in many areas of the dales and the moorlands of the north of England there is both poor mobile phone conductivity and woeful broadband—it is persistently bad. I welcome the amendment and the extra spending the Government have announced to be spent in areas such as North Yorkshire, recognising that this is the case.
We went into the last election and the previous one with a commitment to a universal service of “x megabytes by x date”. That date keeps moving. Can I press my noble friend on what date we will have universal service and on whether the additional funds that the Government can find can be spent on the 3% of the population who are hardest to reach? It grieves me greatly to be told that 97% of the population will have universal access to broadband but not the 3% of us who happen to live in rural areas. I want to ensure that we can reverse the priorities and spend the additional money, and any other money that is available, in these hardest-to-reach areas.
As my noble friend Lord Holmes set out, it is an unacceptable situation that, in the 21st century, children who are sent home from school because one of their class has Covid-19, and who are diligently trying to do their work at home, prevent farmers going online to fill in forms. I hope that the Minister uses her good offices to correct that situation.

Baroness Bakewell of Hardington Mandeville: My Lords, I congratulate the noble Lord, Lord Holmes of Richmond, for bringing forward this amendment. I suspect that other Peers did not realise that this amendment had been re-tabled, hence the short speakers’ list.
During the Covid-19 lockdown it became painfully apparent how inadequate the broadband system is, as the noble Lord, Lord Holmes, has said. It is vital that all areas of the country have good, fast and resilient broadband, especially those in our agricultural sector. Many Peers attempting to take part in virtual proceedings have struggled with connections suddenly dropping off or being unable to log on in the first place. In 2018, the average broadband speed in rural hamlets and isolated dwellings in a sparse setting was half that of major conurbations. Can the Minister say whether this has improved in the intervening two years?
In the aftermath of the Huawei fiasco, the Secretary of State was clear on the consequences of the Government’s decision to pull out. Operators charged with delivering 5G will now, without compensation, have £2 billion less to spend on rolling it out, at the same time bearing the cost of ripping out high-risk vendor 5G equipment by 2027. This is a huge proportion of the investment which was to be committed by the operators towards 5G rollout. Can the Minister say whether, in the intervening months since this decision was made, the Government have now reconsidered providing compensation to providers and consumers? The change in provider will delay the rollout of 5G by two to three years. Rural communities are already extremely disadvantaged in their connectivity. Many rural businesses have had to relocate to more urban areas to continue operating. Those in the farming community, like others, must fill in all their forms online. This now appears to be the Government’s only way of communicating with those residents to whom they attempt to provide services.
As the noble Baroness, Lady McIntosh, said, during the lockdown children were dependent on Zoom connectivity to take part in sessions with their teachers. Although this meant that they received some tuition, for many the connection was so poor that it was hopeless. If the Government are true to their word in wanting to support rural communities, it is vital that broadband connectivity and digital literacy are taken seriously. This is not a “nice to have” for the agricultural industry, but an “absolute must”. I look forward to the Minister’s response.

Baroness Jones of Whitchurch: My Lords, I am grateful to the noble Lord, Lord Holmes, for once again raising this important issue. He is right to draw attention to the alarming lack of progress in rolling out broadband to rural areas. This is hindering the ability of British farmers to do their job, and it will become even more of a crisis when new farming techniques requiring regular digital applications become mainstream.
The latest Ofcom report identifies 677,000 homes and offices without decent broadband, but the vast majority—496,000—are in rural areas. Ofcom also reports that many rural areas are left with patchy and unreliable mobile reception, with less than half having 4G coverage. Sadly, it is all too common to hear stories of farmers driving around the countryside to try to get a signal to carry out even the basic business connections that they need for their work.
The lack of broadband is also having a wider impact on rural economies and is preventing the development of start-up businesses and the capacity for people to work at home. As work and training provision are increasingly focused on home working, where strong digital connectivity is key, a whole new generation in rural areas is being excluded from good employment opportunities.
It is hugely frustrating that it is taking so long to get this right. Since this Government have been in office, promises about broadband have come and gone, so forgive us if we are cynical about the latest announcements.  Of course we welcome the latest government promise to invest £5 billion in rolling out full fibre broadband across the country, and we welcome the money set aside to specifically target vouchers at rural homes. We very much hope that these initiatives are successful and able to reach into the hard-to-reach rural settings which have been shunned by the private sector up until now. The £20 million set aside for the rural gigabit connectivity programme does not seem a lot of money, given the costs involved in rolling this access out. Nevertheless, it is a start.
Perhaps when the Minister replies, she could clarify by what date we can expect to achieve access for all rural properties to full fibre broadband and say whether she is confident that this programme is on track and will meet that deadline. I look forward to her response.

Baroness Bloomfield of Hinton Waldrist: I thank the noble Lord, Lord Holmes, for tabling this amendment which seeks to use the Agriculture Bill to provide for new socioeconomic support programmes to help fund improved broadband connectivity and digital skills in rural areas beyond the end of the current rural development programme. He is indeed a champion of addressing the very real digital divide.
I reassure this House that we recognise the importance of the issue that this amendment raises. This Government are determined to connect every home and business to the fastest broadband speeds available. As the noble Baroness, Lady Jones, has just said, access to digital is key to helping all rural communities build resilient modern businesses, as well as supporting them in their daily lives. Indeed, the Covid-19 pandemic has shown the integral role that digital connectivity plays in our daily lives, economically, socially and in continuing to deliver essential public services. The Government are investing record amounts to level up digital infrastructure across the UK. We are already connecting some of the hardest-to-reach places in the country, including through the superfast broadband programme and the £200 million rural gigabit connectivity programme. The Government want nationwide coverage of gigabit-capable broadband as soon as possible.
We have also announced £5 billion of public funding—not just in principle; it has been announced—to close the digital divide and ensure that rural areas are not left behind. Only last week, we announced that more than £22 million of additional funding is being invested in the UK Government’s broadband voucher scheme, which subsidises the cost of building gigabit-capable broadband networks to hard-to-reach areas. The Government are working with mobile network operators to deliver mobile connectivity improvements through a shared rural network. Much is therefore already in place to improve connectivity in rural areas, and we have already started the 5G rollout.
We also recognise the importance of improving digital skills in rural areas. There is a wide number of initiatives to support this, including the digital skills partnership launched by the Department for Digital, Culture, Media and Sport in 2017, to bring together organisations from across the public, private and charity sectors to work together to close the digital skills gap  at a local level. Although the current rural development programme allows for support for broadband and digital skills, these wider government initiatives are the key funding mechanisms for broadband connectivity and digital skills. However, we are also committed to supporting rural communities through post-EU exit funding and the UK shared prosperity fund, which will play a vital role in supporting rural and coastal communities in recovery and renewal from Covid-19.
As set out in the manifesto, the Government intend to introduce the UK shared prosperity fund to replace EU structural funds. Defra officials are working closely with the Ministry of Housing, Communities and Local Government, which leads on its development, to ensure that its design takes account of the dynamics of rural economies and the challenges faced by rural communities. The final decisions about the quantum and design of future socioeconomic funding will take place after the upcoming cross-government spending review.
With these assurances, I hope that the noble Lord, Lord Holmes, will feel able to withdraw his amendment.

Earl of Kinnoull: I have received no requests for further short questions. Accordingly, I call the noble Lord, Lord Holmes of Richmond.

Lord Holmes of Richmond: I thank the Minister for her full and thorough response, and all noble Lords who have taken part in this short debate. All I would add at this stage is that the Minister consider further whether there is anything in this space which could be considered for Third Reading. The Agriculture Bill provides a real opportunity to focus on such an important bedrock—as important as the soil will be the fibre which enables food to grow, economic development and the social and psychological well-being for farmers all across our rural communities. So I urge her to consider whether there is anything that can be brought at Third Reading. Also, will she consider convening a round table with colleagues from DCMS to see whether there are any further specific support ideas that can be deployed in this space? I once again thank noble Lords who participated and the Minister for her full response, and I beg leave to withdraw the amendment.
Amendment 44A withdrawn.

Earl of Kinnoull: We now come to the group beginning with Amendment 45. I remind noble Lords that Members, other than the mover and the Minister, may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment, or anything else in this group, to a Division should make this clear in debate.

Amendment 45

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
45: After Clause 16, insert the following new Clause—“Continuing EU programmes: power to provide financial assistance  (1) The appropriate national authority may give financial assistance to—(a) a person who is a party to an agreement entered into in accordance with any of the following provisions—(i) the Rural Development Regulation,(ii) any legacy rural development provision, or(iii) Articles 32 to 35 of the Common Provisions Regulation (community-led local development), so far as relating to support for rural development,where the agreement has not concluded, or(b) a producer organisation implementing an operational programme approved in accordance with the producer organisations aid provisions.(2) In this section—“appropriate national authority” means—(a) the Secretary of State, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to England;(b) the Welsh Ministers, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to Wales;(c) DAERA, in the case of an agreement entered into or an operational programme approved in accordance with any provision or provisions so far as having effect in relation to Northern Ireland;“the Common Provisions Regulation” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc;“legacy rural development provision” means any EU regulation, EU decision or EU tertiary legislation relating to support for rural development that preceded the Rural Development Regulation (including—(a) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,(b) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,(c) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,(d) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and(e) Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a Community scheme to encourage the cessation of farming);“the producer organisations aid provisions” means—(a) Articles 32 to 38 of the CMO Regulation, which make provision about aid for fruit and vegetable producer organisations (“producer organisations aid”),(b) so far as relating to producer organisations aid, Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors, and(c) so far as relating to producer organisations aid, Council Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the  application of the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors;“the Rural Development Regulation” means Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development.”Member’s explanatory statementThis amendment allows the Secretary of State, the Welsh Ministers and DAERA to continue to make payments where agreements and programmes are currently supported under an EU programme relating to rural development or fruit and vegetable producers.

Lord Gardiner of Kimble: My Lords, I shall speak also to Amendments 46, 107, 110, 111, 122, 123, 124 and 125 in my name. Following new legal advice from the European Law Group and the Office of Parliamentary Counsel, these technical amendments are being tabled to put beyond doubt that a body of retained EU law relating to multi-annual programmes under rural development and common market organisation will be created at the end of the implementation period, where this is not created automatically by virtue of the interrelationship between the withdrawal agreement and European Union (Withdrawal) Act 2018.
Clauses 14, 15, 16 and their equivalents in the Welsh and Northern Irish schedules all rely on a body of retained EU law being created on implementation period completion day that can then be applied in domestic law and modified as required. Article 138 of the withdrawal agreement means that rural development programmes and some parts of the common market organisation will continue to operate under EU law after the end of the implementation period. However, Section 3(2)(a)(bi) of the European Union (Withdrawal) Act 2018 prevents EU legislation that is directly applicable in domestic law as a result of the withdrawal agreement under Section 7A of EWA also becoming retained EU law. I am sorry about this, but I want to go into some technical detail so that it is very clear to your Lordships.
This created a legal doubt as to whether the legislation governing the relevant rural development and CMO aid schemes would roll over to become retained EU law. These amendments therefore put that question beyond doubt by ensuring that a body of retained EU law relating to multi-annual agreements and programmes in rural development and CMO will be created at the end of the implementation period. They also provide a payment power to continue paying existing holders of agreements or programmes once the EU funding ends. This power to pay does not depend on modifying retained EU law. Such a power is necessary to ensure domestic funding can step in when existing EU budgets are exhausted in circumstances where these agreements and programmes continue to be regulated under the withdrawal agreement.
As I said, these are technical amendments required to ensure the Bill works as it was originally intended, so that modifications may be made to existing programmes where appropriate, simplifications and improvements may be made to schemes and scheme beneficiaries can continue to receive payments. These government amendments are supported by, and made with the approval of, the devolved Administrations. That is  most important and the schedules for Wales and Northern Ireland are at their request. I also emphasise that there is no change to the policy intent of Clauses 14, 15 and 16. I beg to move.

Earl of Kinnoull: I call the noble Lord, Lord Marlesford.

Lord Marlesford: I am not speaking on this amendment.

Earl of Kinnoull: Then we shall move on to the noble Lord, Lord Mann.

Lord Mann: My Lords, I appreciate that I may be in a tiny minority in this House. I do not intend to press anything to a vote and I fully understand the detail and the logic of these amendments. But I heard the Minister refer on a number of occasions to manifesto policy at the election and, having in another life represented a 500 square mile rural consistency, I have taken the opportunity to see whether there was any misprint or printing problem in the election leaflets, because I saw or heard nowhere a proposal for retained EU legislation. It illustrates a rather different approach, albeit by consensus across political parties, when it comes to agriculture as opposed to, say, manufacturing industry and other areas of state aid. Of course, this is still one of the two unresolved issues for negotiation in advance of the forthcoming EU Council, although the detail on state aid has been less clear.
I do not recall anyone ever telling me when they voted to leave the European Union that they were voting to keep the common agricultural policy, albeit with a different name, or to retain through legislation, funding and priority the same systems, or indeed that there would be a seven-year transition period. Actually, I think I would sooner have supported leaving the European Union. Transition periods, even ones of seven years, may be very sensible. I am happy to have voted for a seven-year transition period, but I do not think that I am in a minority across the country in being wary of us adopting some elements of what the EU created and what some of us would regard as the worst elements, because the common agricultural policy was the most incoherent form of state aid, the most invalid and antiquated, and one that did not serve the future interests of this country. So I put it very politely to the Minister that I am not suggesting that he should be circulating leaflets saying that the Government are proudly retaining EU legislation and what goes with that in terms of funding, but there needs more thought in debate, particularly in relation to state aid, that what might serve one community might well serve another community. I am quite sure that steel communities, which are part of rural communities in many parts of this country, would be keen to hear similar principles being applied on an ongoing basis.
For some communities and industries, it is too late. There is no coal industry left to provide state aid to. When that was attempted, I led delegations to Brussels  and to a range of UK Governments to try to get state aid to allow the few remnants of the coal industry to survive—not because we wanted coal as opposed to green technology but because we wanted British coal as opposed to Chinese or Australian coal. We would rather that it provided wages and employment in this country. We were wholly unsuccessful under the way the EU configured its state aid rules and the way we applied them in this country.
I end on this point: that consistency also comes to mind when I hear noble Lords across this House putting in their requests for the shared prosperity fund. When I had the honour in another life of representing a rural area with mining communities built in, I went into tens of thousands of homes and dealt with the most extreme poverty. I can tell the House that the poverty in rural areas was, and is, nothing compared with the poverty in former coal mining areas. They are a world apart in life opportunities, real standards of living, housing conditions, jobs and real prosperity.
More than anything else, my polite advice to the Government, who breached the red wall in precisely those kinds of mixed rural and former mining communities, is that if these mining communities do not get sufficient assistance, their economies will be strangled, and the Government and the party in power will pay a very high price for that misjudgment.

Earl of Caithness: My Lords, I welcome these amendments. I have only two questions for my noble friend.
It concerns me that these amendments have been tabled at this stage. Why did we not know about this problem before? Why has it only just come to light on Report? It worries me that we might be letting other issues through.
Are there any other related programmes affecting other industries where primary legislation might be needed to cover the gap, as my noble friend is covering it for agriculture in this instance?

Baroness McIntosh of Pickering: My Lords, I am pleased that my noble friend has tabled this group of amendments to clarify the legal situation in what seems a potentially vexatious area.
I want to place on record how dependent many heavily deprived rural areas have become on parts of the European rural development fund. To quote the noble Lord, Lord Mann, I want to place on record a bid to make sure that any offerings from the shared prosperity fund will include a heavy element of rural development and grants.
I also want to put a question to my noble friend the Minister. What will the natural end of these schemes be? I assume that they will be phased out. If the schemes are rolled over in the specific circumstances to which my noble friend referred, will they reach the natural end of their life by 2023? Will the LEADER programme and the other programmes that fall under the current rural development schemes—they have obviously had much funding from both EU and domestic funds—continue to benefit from the new ELM schemes? Is that the Government’s intention?

Baroness Bakewell of Hardington Mandeville: My Lords, this group of government amendments relates to the rural development regulation and would allow the devolved Administrations of Wales and Northern Ireland to operate once the EU programmes of financial assistance have ceased. It will be extremely important for the rural development regulation to continue and for fruit and vegetable producers to be supported.
As I understand it, the amendments would, under the withdrawal agreement, roll over both retained EU legislation to cover existing programmes and a large number of programmes on which the farmers of the devolved Administrations rely. They cover apiculture in Northern Ireland and Wales, and some consequential amendments cover England, Wales and Northern Ireland only; another includes Scotland as well.
As the Minister indicated, the devolved Administrations are in agreement with these amendments. I note the comments of the noble Lord, Lord Mann, on state aid and have some sympathy with them.
I generally welcome this large group of amendments. They give a lot of technical detail, as the Minister said. I hope that this will mean that slightly fewer statutory instruments follow on from this Bill. I also note the comments of the noble Earl, Lord Caithness, about whether this covers a gap and whether we should have known about it beforehand. Generally, however, I support all the amendments in this group.

Baroness Wilcox of Newport: My Lords, we welcome these technical government amendments, aimed at providing greater certainty over the state of legacy funding schemes and EU-derived legislation.
I appreciated the Minister’s technical explanations in his introduction. However, I would appreciate it if he could explain why these amendments have been tabled only at this late stage of consideration, given that the points they cover will have been on the department’s radar for quite some time.
A number of EU exit statutory instruments have been found to contain errors that have required correction by later instruments. Is there a mechanism for changes to be made to these provisions should any problems arise? We have spent a summer of U-turns, with a plethora of problems arising across government in a range of offices and service delivery and systems simply not working. Should it not be the case with good governance that problems are dealt with before they become a problem? I urge the Minister to use his expertise in these matters to look at these mechanisms again and ensure that changes can be made to the legislation in good time in this House.

Lord Gardiner of Kimble: My Lords, this has been a very helpful debate. I am most grateful to noble Lords for their general welcome for the amendments, although I want to deal with some of the points made. I will be the first to say that the perfect form is something we all aspire to, but I am afraid that we are all human.
I want to explain this matter precisely because my noble friend Lord Caithness and the noble Baronesses, Lady Wilcox of Newport and Lady Bakewell of  Hardington Mandeville, made absolutely fair points. The advice from the European Law Group about retained EU law changed recently, prompting Defra lawyers to want to put beyond doubt that we can continue to pay beneficiaries under existing CAP schemes.
I would not blame the noble Lord, Lord Mann, if he was not listening to our earlier deliberations, but I explained on Tuesday that one reason why the Government were keen to start the transition is that we are the first to say that we do not think that the CAP has been directed properly or that it has given value for money on all the things we want to do. I am happy to send that reference to the noble Lord; we are clear that that is why we want a transition and want to start now. As for existing programmes, I also say to the noble Lord that this is about where people have entered into existing programmes in good faith. We want them to have the ability for that to continue, as the programmes were forces for good, and for those applicants to receive the funds that they thought were the case.
On a point raised by my noble friend Lady McIntosh, I say to noble Lords that part of what we will want to do in supporting the farming sector but also rural communities is that there will be financial assistance through Clause 1 and other clauses in this Bill for farmers. I emphasise that the whole essence of the UK shared prosperity fund is that “shared” means across the country. I assure your Lordships that this is the case everywhere I go; it means to former mining communities, rural, coastal, suburban and urban. It is a shared prosperity fund, and it will not be successful unless it is precisely that. I absolutely understand that it is important that all communities—certainly those that have been going through very difficult times over quite a long period of time and particularly in those areas where industrial change has been so acute—are included.
I am grateful to all noble Lords for their welcome for these measures. As I say, I have had to bring them forward because there has been a change of advice. As for my noble friend Lord Caithness’s question about whether there are other sectors, I try to master this brief but mastering other departments’ briefs might be a little difficult. However, I will send that message back.
As for the length of the programme—the “natural end” that my noble friend Lady McIntosh spoke of—I cannot say precisely for each and every scheme, but we have said that we will fulfil our promise to pay for those schemes that are in existence through domestic funding for the length of those particular schemes. I cannot comment on each and every scheme, but we say that we will back those schemes that have been entered into in good faith.
With those explanations—I will look at Hansard in case there are more technical details—I beg to move.

Lord McNicol of West Kilbride: I have received no requests to speak after the Minister.
Amendment 45 agreed.

Amendment 46

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
46: After Clause 16, insert the following new Clause—“Retained direct EU legislation(1) To the extent that any legislation within subsection (2), (3), (4) or (5) would (in the absence of this subsection) be prevented from becoming retained direct EU legislation on IP completion day by section 3(2)(a)(bi) of the European Union (Withdrawal) Act 2018, section 3 of that Act is to have effect in relation to that legislation as if subsection (2)(a)(bi) of that section were omitted.(2) The legislation within this subsection is—(a) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development,(b) Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development,(c) any EU regulation, EU decision or EU tertiary legislation relating to support for rural development that preceded the Rural Development Regulation (including—(i) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,(ii) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,(iii) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,(iv) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and(v) Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a Community scheme to encourage the cessation of farming),(d) any legislation made under the legislation in paragraphs (a) to (c), and(e) so far as relating to support for rural development—(i) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc, and(ii) any legislation made under that Regulation.(3) The legislation within this subsection is—(a) Articles 32 to 38 of the CMO Regulation, which make provision about aid for fruit and vegetable producer organisations (“producer organisations aid”),(b) so far as relating to producer organisations aid, Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors, and(c) so far as relating to producer organisations aid, Council Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of the CMO Regulation with regard to the fruit and vegetable, and processed fruit and vegetable, sectors.(4) The legislation within this subsection is—  (a) Articles 55 to 57 of the CMO Regulation (provision about aid for apiculture), and(b) any legislation made under that legislation.(5) The legislation within this subsection is the following, so far as it relates to producer organisations aid, apiculture or support for rural development—(a) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy,(b) any legislation made under that regulation, and(c) any EU regulation, EU decision or EU tertiary legislation relating to the financing, management and monitoring of the common agricultural policy that preceded Regulation (EU) No 1306/2013 (including—(i) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures,(ii) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, and(iii) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy).”Member’s explanatory statementThis amendment ensures that legislation relating to support for rural development, fruit and vegetable producer organisations and apiculture that has direct effect under the Withdrawal Agreement in relation to existing programmes will also be retained direct EU legislation.
Amendment 46 agreed.
Amendments 47 and 48 not moved.

Lord McNicol of West Kilbride: We now come to the group beginning with Amendment 49. I remind noble Lords that Members other than the mover and the Minister may only speak once, and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in this group to a Division should make that clear in the debate.

  
Clause 17: Duty to report to Parliament on UK food security

Amendment 49

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
49: Clause 17, page 14, line 20, after “must,” insert “on or before the relevant day and”Member’s explanatory statementThis amendment requires the first report under Clause 17 to be prepared on or before the relevant day. The definition of relevant day is inserted by a related Government amendment to mean the last day before 25 December 2021 which is a sitting day for both Houses of Parliament.

Lord Gardiner of Kimble: My Lords, I shall also speak to Amendments 51, 54 and 56 in my name.
I thank all noble Lords who contributed to the debate on this topic in Committee. I gave the matter considerable thought following your Lordships’ remarks then. The importance placed by noble Lords on the food security reports is shared by the Government. In Clause 17, the Government are making an important new commitment to analyse relevant statistical data by publishing a regular report on the crucial subject of food security. The food security report will be a significant body of work that will use a set of core measurements and indicators for each of the key topic areas. This will include a range of areas covering both global and domestic food security including, although not limited to, supply sources of feed, resilience in the supply chain and household food security.
As I set out in Committee, the Government have no intention of waiting until the end of that five-year period to publish the first report. I and other Ministers have listened closely to the points made by your Lordships and have been persuaded that there is merit in changing the frequency of reporting in the Bill to require reports to be published at least every three years. We have also been persuaded to include a duty in the Bill that the first report be published on or before the last sitting day before 25 December 2021 for both Houses of Parliament. This first report will include an analysis of statistical data relating to the effects of coronavirus on food security in the UK. The amendments that I have tabled reflect the importance of this new duty while maintaining the great benefit of allowing reports to cover long-term trends. I hope your Lordships will recognise that the Government have heard the feeling in this House on this issue and have acted. I beg to move.

Baroness Jones of Whitchurch: My Lords, I shall speak to Amendment 50 in my name. Attentive colleagues will have noticed that our Amendment 50 is very similar to the amendments now being proposed by the Minister. We are very pleased that the Government listened to our arguments on this issue in Committee. At that time we argued that, particularly in the light of the Covid experience, regular reporting on food security was essential. We know that when we leave the EU transition period there will be an even greater need for a focus on the reliability of the food supply chain and our capacity to guarantee that the nation will be fed, so regular reporting to Parliament is essential. It is good to see the Government taking this issue seriously.
I know there are other noble Lords who believe that the report should be published more frequently. We think this is a fine judgment, but on further reflection we continue to believe that a first report to Parliament within 12 months followed by every three years thereafter is the right balance. It would make the three-year report a substantial intervention rather than an annual routine occurrence, it would enable us to have a significant debate on the consequences of any shortfall, and it would ensure that the report stood out from the voluminous annual reporting cycle that Governments are required to issue without any real analysis. So we support the Government’s amendments, and I hope they show the true intent of the Government to make the food security reports a major contribution to future policy direction in this sector.
I also welcome the amendment from the noble Baroness, Lady Boycott, who rightly raises the issue of “household food insecurity”. It is clearly important that any analysis of food security should look at the national picture but also at issues of distribution, equal access and food poverty of the individual. This is an issue that we hope to address in our national food strategy amendment, which we will come to later.
The amendment by the noble Earl, Lord Dundee, rightly flags up that measures on food security are meaningless unless there are also reliable sources of livestock feed available either domestically or through being imported. The amendment in the name of the right reverend Prelate the Bishop of St Albans makes an important case for any food security report not just to be aesthetic analysis but to be a document with objectives and targets for the future.
All these amendments are making an important contribution to the shape and substance of any future food security reports, and I hope the Minister is able to take them on board in his response. In the meantime, we thank the Minister for his helpful amendments. We hope this is a sign of the seriousness that the Government will assign to these reports and any action that will need to follow.

Lord Judd: My Lords, as we have heard from my noble friend Lady Jones, there is a great deal of agreement between the Opposition and the Government on the importance of the Government’s amendments. The only point that I would make in strong support of what my noble friend has said is that food security is such a vital issue and that things can, through unforeseen circumstances, change so rapidly that, if we are to make what we are attempting to achieve through these amendments effective, shorter time spans are not only necessary but absolutely essential. I hope that the Minister will be able to agree.

Baroness Bennett of Manor Castle: My Lords, I shall speak to Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, and to Amendment 53, in the name of the noble Baroness, Lady Boycott, both of which I have attached my name to.
I start with Amendment 53, which concerns adding household food insecurity to the matters on which the Government must report. As the noble Baroness, Lady Wilcox, noted earlier, adding to our remarks last week, although we can treasure the contribution of people who donate to food banks and the volunteers who work in them, food banks themselves are a national disgrace. No one should have to rely on charity to feed themselves. The government reports on food security and insecurity should also include not just what food is available but whether everyone has access to a full, healthy diet, and whether it is available to them financially, physically—I am thinking of things such as food deserts—and practically. On that latter point, do they have the cooking facilities and the energy they need to prepare the food?
On Amendments 50 and 52, I agree with an earlier comment that the question of whether the Government should report every three or five years is finely balanced.  I welcome the fact that the Government agree that reporting every five years is not nearly often enough. I think that there is an argument to be made either way, although I can probably live with a three-year reporting cycle, and I hope it is something that we can get a real national focus on. Food security is one of the central roles of government—surely making sure that people do not starve has to be right up there.
I did a little survey of the news this morning, looking at what is happening around the world. I discovered that the Chinese corn crop is expected to fall by 10 million tonnes—nearly 4%—from the latest government estimates after heavy wind and rain toppled crops in major production areas in the north-east corn belt. That follows the events in America in August, when, across Iowa, 14 million acres of insured crops were damaged by what is known as the derecho—that is, conditions very similar to those experienced in China. I do not need to rehearse for your Lordships’ House just how difficult a year this has been for our farmers. The idea that we can simply rely on buying food on the global market is a very dangerous approach for all kinds of reasons, but food security has to be top of the list.
Just this morning I was at a Westminster Food & Nutrition Forum policy conference on the future of agricultural land use. There was a very interesting contribution from Adrian Aebi of the Federal Office for Agriculture at the Swiss embassy in the United Kingdom. I was interested to learn that Article 104 of the Swiss constitution provides that the agricultural sector shall sustainably make
“an essential contribution towards … the reliable provision”
of food and
“the conservation of natural resources and the upkeep of the countryside”.
Mr Aebi also informed us that the Swiss Government have clear targets for local food supplies and for improving diets, and they have expressed their intention of pushing towards a more plant-based diet for both environmental and human health reasons. I do not have the information to judge exactly where Switzerland might sit on a global league table of food policy but the UK clearly needs to do better. The Government keep saying that they want to be world leading in these areas, so we need to see clear targets from them on such things, particularly in relation to England.
It is interesting that reference to this issue is made in the Swiss constitution. Of course, we have our unwritten, accidentally accreted over many centuries, constitution that lacks such provisions. That is perhaps something to think about for the future.
I welcome the progress that we have made in this area. We have moved forward but we need to keep focusing on food security as a crucial part of government policy. Seeing all the work that is happening in your Lordships’ House on this issue, I am confident that certainly we will keep working on it.

Baroness McIntosh of Pickering: My Lords, I thank my noble friend for recognising that the House was very uneasy about there being a five-year period between the initial and subsequent reports. If I understood  him correctly when he spoke to this group of amendments, the Government will report at least every three years. However, if, for example, there is a shortage of food supply at home and a big fall in our self-sufficiency from the current 60%, and if, at any time after 1 January, there is any threat to the level of food imports into this country that could cause a future shock or crisis, I hope that my noble friend will take the opportunity to review this matter and report more frequently than every three years. However, I thank him for listening to the House and to those of us who raised these concerns at Second Reading and in Committee.
I support the right reverend Prelate the Bishop of St Albans in his Amendment 57, to which I have appended my name. It would require the Government to specify food security targets and implement actions to ensure that those targets were met. I hope that my noble friend would in the course of natural events seek to do that in the reports to which he has referred.

Baroness Ritchie of Downpatrick: My Lords, I thank the Minister for listening and I thank noble Lords who spoke in Committee about the need for more frequent reporting on food security. It is important that we have more frequent reports on food security. Only this year, the Food, Poverty, Health and Environment Committee, of which I am a member, published a reported entitled Hungry for Change. It detailed the need for regular reporting and to address inadequate supply chains, which will be exacerbated not only by Brexit but by Covid. We need to address the effect of this global pandemic on the current levels of food insecurity in the UK, the developing world and other areas on which we rely for food.
I also support Amendment 50, in the name of the noble Baroness, Lady Jones of Whitchurch, which I regard as probably an interim measure. I was happy to put my name to the amendment of the noble Baroness, Lady McIntosh of Pickering. She and I well recall our time as members of the EFRA Select Committee in the other place, of which she was chair. The committee found that levels of food security and food insecurity were equally inadequate and required to be addressed. Perhaps now we are getting to grips with this issue, which will have been made worse by Covid and Brexit.
On food provenance, it is important that we know where our food comes from and that it is properly controlled. People should receive an adequate supply of food and should no longer have to resort to food banks. However, the reality is that many people rely on them. We have to try to ensure that people have access to the right benefits, and in that regard there should be a review of the whole universal credit system.
Will the Minister talk to his colleagues in the Department for Work and Pensions to address the issue of food security? It is a global issue as well as a domestic one. We need specific food security targets to be set on an annual basis, although I welcome the move to a three-yearly basis. Relevant reporting to Parliament is also required every three years, although I would also prefer to see that on an annual basis. We have to see what is actually going on, and when we have witnessed that, surely Parliament, working with the Government, can take appropriate action to address deficits in both food security and insecurity.

Baroness Boycott: My Lords, I thank those noble Lords who have supported my amendments and also the Minister, who has been listening long and hard to all of this. I feel that the Government have come a long way on the issue.
Household food insecurity is very different from national food security and we should measure both. I should say that measurements of household food insecurity are already being taken. The Family Resources Survey does this as a part of its work every year while the Food Standards Agency collects data on household food insecurity as part of the Food and You survey. These measurements are being made and while I realise that taking them every year seems like a lot, if you are hungry, three years will seem like an extremely long time.
Quite frankly, if you are poor and cannot afford to buy food, it does not matter to you if the supermarkets of Chelsea and Westminster happen to be well stocked for those who have enough money in their pocket. The Trussell Trust produced a report this week saying that by Christmas, it reckons that 670,000 more people will be coming to food banks as the furlough scheme is lifted. We have a great deal of household insecurity, which can lead to incalculable damage.
I thank the Government for this amendment and I support it, but I would like to keep the channels open. People cannot wait three years to find out whether the food system is going to be made better for them and their children.

Bishop of St Albans: My Lords, I shall speak briefly to Amendment 52 in the name of the noble Baroness, Lady McIntosh of Pickering, and then to Amendment 57 tabled in my name. I am grateful for the way in which the Minister has listened closely to the House and brought forward amendments. This is immensely helpful. On Tuesday, several noble Lords rehearsed the reasons we need the highest levels of food security possible, and I will not repeat those arguments now. Although I agree that this is a difficult call, my personal view is that annual reporting would be preferable. Nevertheless, I shall listen carefully to the arguments as they are made.
On Amendment 57, while I welcome the Government’s commitment to produce a regular report on food security, it is vital that this is a means by which Her Majesty’s Government can express their policy targets and mechanisms to address any issues in this area. Currently, the provisions in the Bill envisage a fairly static output that merely reports on the current food security situation rather than a more dynamic report which seeks to set out an agenda for change where change is required. There is little point in the Government merely producing a report of which Parliament is required to take note; we need a platform for evaluation, repurposing and, of course, to inform future actions. At the very least, it will be essential to ensure that food security targets are both met and monitored. Where the report indicates that there are issues with aspects of our food and environmental security, the Government must come forward with their plans and policies for addressing those shortcomings.
This amendment would provide the necessary architecture for the Government to take the matter forward and ensure responsibly that the UK is adequately prepared for any future uncertainties. It would be a failure if, having taken the time to consider the importance of having a food security report, we do not also ensure that it is used to inform changes in policy and procedures. A statutory requirement for Her Majesty’s Government is needed to address these issues and it needs to be included in this Bill.

Earl of Dundee: My Lords, I support Amendment 53 tabled by the noble Baroness, Lady Boycott, which recommends that government reports on food security should take into account measures of household food insecurity. As the noble Baroness has just pointed out, it would be anomalous if in isolation, on its own, some assessment of national food security were to have a good reading while at the same time, United Kingdom household food security might have a poor one. That inconsistency would be prevented by this amendment, which requires the Government’s report to consider household food insecurity alongside food security.
I am also in favour of Amendment 57, tabled by the right reverend Prelate the Bishop of St Albans, on specifying food security targets so that thereafter, actions can be taken to ensure that they are met. The prescription within the amendment is irrefutable, for how can we proceed efficiently and competently if we do not state and specify targets in the first place? If we do not use targets at all, how then can we properly calculate any future level of progress and judge whether we have acted correctly to attain certain levels of food security in the United Kingdom?
I come now to Amendment 55 in my name on supply sources of livestock feed as an input to food production and the reliance on the food supply chain. As I pointed out in Committee, there are three major disadvantages from imported animal feed. First, these imports undermine the country’s food security. Secondly, there is the carbon footprint arising from their production and transport. Thirdly, there is the environmental damage which their cultivation causes in certain countries, notably soya beans in Brazil and Argentina.
In 2019, imports of animal feed broke a record by exceeding £2.4 billion. The feed is mostly soya or intensively produced grain being grown by companies that are responsible for deforestation in the Amazon. If we use feed from land that should be forest, we are adding to the destruction of an ecosystem which sustains our climate and biodiversity. Regarding the resolve to increase our own homegrown animal feed supply as much as possible, my noble friend the Minister has already referred to the Pulse Crop Genetic Improvement Network, a project due to end in 2023. Its aims include the production of better quality animal feed and to discover alternatives to imported soya beans. Based on the existing level of research, can my noble friend say what targets can already be set both for the reduction of imported feed and an increase in homegrown feed?
Meanwhile, United Kingdom importers could be encouraged to buy feed from countries that demonstrate similar environmental standards to those of the United Kingdom, and perhaps guided in this endeavour by international certification bodies. Does my noble friend  agree with that? If so, what steps might the Government now take to buy from certain countries rather than others and to make use of international certification bodies?

Lord Marlesford: My Lords, I speak in support of the amendment tabled by the right reverend Prelate the Bishop of St Albans. What we are talking about is very important and it is heading in the right direction but the approach should be much more about management by exception, as they say in the private sector. Crucial targets and standards should be set and there should be reporting when things go wrong. It should not be a matter of waiting a year, two years or three years. There should be indicators and then the Government should report to Parliament when things are going wrong. It means doing that at the earliest time and saying what is being done to put it right. That is slightly similar to how, in the private sector, companies are required to give profit warnings if the track they indicate they are following is being deviated from. There should be a much more dynamic approach to this question. I would like to see standards set and reports produced when the standards are not being met.

Earl of Caithness: My Lords, I thank the Minister for bringing forward his amendments on this issue. I would still prefer the reporting to be annual, but he has made a move towards us, and I will not dispute his suggestion of three years.
My noble friend Lord Dundee made some interesting and useful points about animal feeds and the damage caused when growing them in other countries, particularly in Brazil, as we have seen recently on television in the Attenborough programme. It is a matter of concern.
More generally, I am concerned about getting too detailed about food security. We must remember that a great many British farmers rely on exports, and if we are restrictive on our imports, it is going to be very easy for other countries to be restrictive on our exports. As the situation stands, I fear the EU could be extremely difficult about our lamb and beef exports in the not-too-distant future. That would have a profound effect on farming, and it is something my noble friend will have to be aware of. Overall, we are not doing too badly on producing our own food. We import an awful lot we do not need for our own diet, but we are lucky to be rich enough to afford it.

Lord Whitty: My Lords, I added my name to Amendment 53, of the noble Baroness, Lady Boycott, in this group because it relates to food insecurity. The point I want to make today, when shortly we are to debate the whole of the food strategy with the amendment of the noble Lord, Lord Krebs, is that the issue of food insecurity for our poorest households—but not exclusively poor households—is a whole food chain issue. That is why I was a bit disturbed on Tuesday, when it was suggested that this Bill was about the agriculture sector’s relationship with government and government subsidy or support to deliver public goods, expressed primarily in terms of farming’s relationships to the environment, the countryside, biodiversity in the countryside, animal welfare and, perhaps, the wider rural economy.
Those are all vital issues, but arguably the biggest public good is the contribution to the delivery of a safe, accessible and healthy diet to our population. That involves the relationships of farmers not just with the Government or the environment but the whole apparatus of the food chain with which farming trades. Together, they need to deliver an effective food strategy to improve our population’s diet, drastically reduce obesity and other food-related disorders and make healthy food available to all at affordable prices. Food insecurity exacerbates poverty and disease and explains, in large part, the escalating dependence on food banks. That is why we need a national food strategy.
Like others, I served on the Select Committee chaired by the noble Lord, Lord Krebs. The work of that committee, together with that of Henry Dimbleby’s food commission, will hopefully form the basis of that new government strategy. But it will if society recognises the crisis of unhealthy diet is an important one we are all facing, which has to be addressed, in part, through the relationship between farming and the other key players in the food chain.
Much of the regulation on food focuses on farmers, who are generally small businesses, and final outlets—restaurants, cafés, food shops and takeaways—which are also, largely, small businesses. But the nature of the food chain—the economics of it and, to some extent, its whole regulatory structure—is determined by the substantial companies in the middle of the journey from farm to fork, such as processors, wholesalers and supermarkets. These sectors are highly oligopolistic, but their decisions affect the price and standards to which farmers produce, as well as the tastes of consumers and the price and availability of food. They influence via their advertising budgets and their store displays in a way that affects price, diet and the availability of healthy food. These industries spend 20 times more on advertising highly processed food and confectionery than they do on fresh fruit and vegetables. Farmers and consumers need fairer, more balanced, greener contracts as we trade throughout the food chain.
That is why, when we come to the amendments of my noble friend Lord Grantchester on the groceries ombudsman, I hope the House will support him. I will strongly support the amendments of the noble Lord, Lord Krebs, in advance. I will refrain from speaking on those amendments myself, but Amendment 53 in this group does, by implication, raise all these issues.

Lord Northbrook: My Lords, I rise to support my noble friend Lady McIntosh’s Amendment 52 and my noble friend Lord Dundee’s Amendment 55 concerning
“supply sources for livestock feeds as an input to food production and the resilience of the feed supply chain.”
Further to my Amendment 12, which did not find favour with the House, I believe the issue of food security is vital, having highlighted the UK’s lack of self-sufficiency in fruit, vegetables and potatoes in that amendment as well as the figure of 30% of our food coming from the EU.
Like other noble Lords, I welcome the Minister’s Amendment 50 to make reporting at least every three years, rather than every five. But, with the transition phase now ending and a volatile food supply possible if there is no trade deal with the EU, I believe that a report on food security every three years is still too limited, particularly when we are having continual cases of extreme weather and perhaps future virus outbreaks. I hope that in Amendment 51 this will be covered as a case for further reports more than once every three years.

Lord Taylor of Holbeach: My Lords, my interests in this Bill are published in the register. This has been a good debate. I wish to add my voice to those of other noble Lords in support of the Minister’s proposed amendments to Clause 17, which recognise the strength of noble Lords’ feelings, expressed particularly in Committee. That is why the Government have committed to publish the first report on food security before both Houses rise for the Christmas Recess next year, with successive reports in future every three years.
The first report will include the impact of the current coronavirus pandemic on food supply, which will be a critical aspect of it. It will give a particular and important emphasis to the report. As noble Lords will be aware, there is a wide range of statistical data on food supply and consequent security that is already made available annually. However, the whole point of the exercise is to evaluate the longer-term trends in these reports and recognise those in the sound compromise of a three-year cycle.
I may seem like a crowd cheerer for the Minister, but I believe that my noble friend should be thanked and congratulated on reading the mood of the House accurately and acting on it.

Earl of Devon: My Lords, I shall speak to Amendment 51, in which I join the Government. It was an amendment I proposed in Committee, so I thank the Minister and Government for agreeing to it. I very much appreciate the reaching of a consensus on this point.
I echo the words of the noble Lord, Lord Whitty. Farming is, obviously, key, and its main focus is the provision of food. It is important that the House has reached consensus on this point. I do not agree with the point made that we need a more regular food security report; it is proposed that it should be annual. An annual report will result merely in a cut and paste of data and little consideration. The three-year cycle is key, because you can pick up trends and some novel work can be put into the process between or during each reporting cycle.
Finally, with respect to food security, I caution that we should not merely focus on the volume of food available. High-volume, low-cost and low-quality food is exactly what we do not want; obviously, we want sufficient volumes of food, but it needs to be food of a quality that will keep this nation healthy. We have all seen over the past six months how important good health and good diet are to the nation’s ability to deal with this terrible coronavirus.

Baroness Bakewell of Hardington Mandeville: My Lords, it is a pleasure to follow the noble Earl, Lord Devon. This is a vital group of amendments  covering food security, and I agree that the main purpose of our agriculture is to provide healthy, nutritious food. I welcome the Minister tabling amendments that require the first report on food security to be prepared before 25 December 2021, so long as it is a sitting day of both Houses. A further amendment requires reporting every three years. Others have tabled amendments pressing the case for more frequent food security reports.
I welcome the change in the Government’s position and thank the Minister for his introduction. I have added my name to Amendment 50 in the names of the noble Baroness, Lady Jones of Whitchurch, the noble Lord, Lord Judd, and the noble Baroness, Lady Bennett of Manor Castle. This is a similar amendment, which requires that the first food security report be laid within 12 months of the passing of this Bill. It is important that the first report on UK food security should be completed within 12 months of the implementation of the Act and every three years thereafter. The noble Baroness, Lady Bennett of Manor Castle, made a very powerful case for why it is important to get on with this matter. Food security is important to everybody in the country.
The noble Baronesses, Lady McIntosh of Pickering, Lady Ritchie of Downpatrick and Lady Boycott, and the right reverend Prelate the Bishop of St Albans would like this food security report to be produced annually. We are all concerned about the state of food security, as we should be. However, I appreciate that the production of this report will be bureaucratic and is likely to take a good deal of data collection. I wonder whether the production of a yearly report would create such an administrative burden that the information contained in it would be insufficiently detailed to be meaningful. I look forward to the Minister’s comments on this.
On Amendment 53 in the name of the noble Baroness, Lady Boycott, it is important that household food security is considered. At the start of the Covid-19 pandemic, we saw huge food shortages being experienced by households, including those of people working for the NHS who were unable to get to the supermarkets at a reasonable time. As we approach a second spike, food security will again come into focus.
I support the comments of the noble Earl, Lord Dundee, on the impact of importing animal feed specially grown in what were previously rainforests in Brazil.
It is a terrible thing to be hungry. We are one of the richest countries of the world, and we must have robust measures in place to ensure that we can feed our own residents. Food security targets are one way to monitor this, alongside an implementation plan to ensure that targets are met. I fully support the comments of the right reverend Prelate the Bishop of St Albans, and I support the Minister’s amendments and look forward to his winding-up comments.

Lord Gardiner of Kimble: My Lords, I should in the first instance have declared my farming interests, as in the register.
I am very grateful to all noble Lords for their contributions to this debate. I think there is a general feeling, even from those who would have preferred an  annual report, that we have come to a good House of Lords consensus on this matter. I particularly want to acknowledge what the noble Baroness, Lady Jones of Whitchurch, said in speaking to Amendment 50, and all those who supported that amendment.
I turn particularly to what my noble friend Lady McIntosh and others said about Amendment 52. I understand the desire to publish yearly. We feel that it is very important to allow sufficient time to observe longer-term key trends from a variety of sources. We do not think that this would be as well met if it were necessary to publish reports each year. Producing reports at least every three years will allow proper consideration of trends from data. This is what we will put into statute, but if circumstances required earlier reports, of course we would produce them. That is why we very much feel that a report next year, given corona and, indeed, any other circumstances, will be very important.
Such trends may include, for example, the cost of food commodities; the sustainability of natural resources required for food production and supply; and the diversity of entry ports into the UK for food and drink imports. Some of these trends are slow-moving and do not change significantly year on year, but they may well do so over a longer period. That is where we must have that degree of analysis.
I say to all noble Lords, although I am particularly mindful of my noble friend Lord Marlesford, on the continuing work and vigilance, if there are issues of concern, I—and, I am sure, ministerial colleagues in the other place—would want to bring them before the House if there were certain crises. When there have been issues of concern, whether flooding or resilience because of Covid, we of course want to air them and bring them, in my case, before your Lordships. This is a particular point for the noble Baroness, Lady Ritchie: much data on food security will be available on an annual basis. Data that will be used in the food security report, such as the Government’s Agriculture in the United Kingdom, the Family Resources Survey and the Living Costs and Food Survey, are published and made publicly available annually. Of course, Defra officials routinely track to spot any unexpected or significant changes. That is all daily work. The reports required under Clause 17 will consider the data produced through these surveys, in addition to less frequently produced data, to provide deeper analysis to help us provide an accurate picture of the UK’s food security to support the development of policy for the future.
On the important matter of the topics to be covered by the food security reports, we shall draw on established statistics, such as those I have mentioned, but officials will also want to monitor new data sources and emerging issues.
On Amendment 55, I reassure my noble friend that the food security report will already cover—under Clause 17(2)(b), regarding UK availability and access—the capability of UK agricultural production of crops, livestock and fisheries produce. This will include the availability of inputs, such as animal feed products. I was very mindful of what my noble friend Lord Caithness said in embellishing on what we are seeing in certain parts of the world.
The noble Baroness, Lady Boycott, referred to keeping the channels open. As far as I am concerned, I will ensure that the channels she wishes to have open will be, to her and your Lordships, because this is a very important matter. I assure her that the Government will already consider household food security among the themes covered in the report. This is covered by Clause 17(2)(d), as household food security comes under “household expenditure on food”. We will consider the findings of these reports carefully and use them to help inform policy response and appropriate actions, along with anything before the report. Again, I impress on the House that this is not the only matter in this area. It is a continuing, daily issue that we need to work on.
In producing the food security report, the Government will set out analysis of relevant sets of statistics relating to UK food security, ranging from the global UN data to UK national statistics such as the Family Resources Survey. Food insecurity is an issue that we all must—and, I believe, do—take very seriously. I could bandy figures such as the £95 billion a year for working-age welfare benefits. Of course, we all recognise that there is more to be done but I would put it in this context: this is not about no resources going into it. What we all have to resolve is how we do it even better. The noble Baroness, Lady Boycott, asked whether I would take these matters back to the DWP. Of course I shall, because all departments want to do their very best to help people who are in extreme difficulties.
I turn to Amendment 57. I note that the report is intended to provide a detailed and evidence-based assessment of the current position and developing longer-term trends. Our food security depends on supply from diverse sources, with strong domestic production as well as imports from stable sources. I say to my noble friend Lord Northbrook that my figures are that we produce 64% of our entire food supply need, but that it increases to 77% for indigenous food that we can grow or rear here in the UK for all or part of the year. My understanding is that these figures have been pretty steady over the past 20 years.
My noble friend Lord Caithness made a good point: it works both ways. UK consumers have access to food products that cannot be produced here, or at least not on a year-round basis, through international trade. We definitely have a strong future in the export of our excellent, high-quality food. These imports from overseas supplement domestic production, while ensuring that any disruption from risks such as adverse weather or disease does not affect the UK’s overall security of supply. Indeed, the response by the food supply chain to the coronavirus from our domestic farmers and producers and overseas suppliers, along with the role of our distributors and retailers, has demonstrated that diverse sources of supply have helped ensure resilience.
The Government will continue to monitor all this data alongside the range of analysis in the food security reports to feed into the development of policy. This report must not be just worthy. It is all about how that report, and the analysis of it, feed into how we do things better. That development of policy will go across the wide spectrum of food security.
I agree with the noble Lord, Lord Whitty, that in the end this is about healthy food. Wherever that comes from, it is about having a good relationship and respect for the production of food. I hope that, given what we have done in the government amendments and through my replies to noble Lords, I have taken on board all the points made in this debate. Not only that; I will take back the varying comments that have been made as we all seek to do better. In the mean- time, with the reassurance I have given, I ask that Amendments 49, 51, 54 and 56 in my name be accepted.

Lord Faulkner of Worcester: My Lords, I have received no request from any noble Lord to ask a short question after the Minister’s reply, so I shall now put the question.
Amendment 49 agreed.
Amendment 50 not moved.

Amendment 51

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
51: Clause 17, page 14, line 20, leave out “five years” and insert “three years thereafter”Member’s explanatory statementThis amendment requires reports under Clause 17 to be prepared at least once every three years (instead of at least once every five years).
Amendment 51 agreed.
Amendments 52 and 53 not moved.

Amendment 54

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
54: Clause 17, page 14, line 23, leave out “the report” and insert “a report under this section”Member’s explanatory statementThis amendment is consequential on the first Government amendment to Clause 17.
Amendment 54 agreed.
Amendment 55 not moved.

Amendment 56

Lord Gardiner of Kimble: Moved by Lord Gardiner of Kimble
56: Clause 17, page 14, line 32, at end insert—“(3) In this section “relevant day” means the last day before 25 December 2021 which is a sitting day for both Houses of Parliament.”Member’s explanatory statementThis amendment inserts a definition of “relevant day” into Clause 17.
Amendment 56 agreed.
Amendment 57 not moved.

Lord Faulkner of Worcester: We now come to the group consisting of Amendment 58. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 58

Lord Krebs: Moved by Lord Krebs
58: After Clause 17, insert the following new Clause—“National Food Strategy(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, lay before Parliament a strategy outlining the steps that Her Majesty’s Government proposes to take to—(a) increase sustainability of food production,(b) support food production and consumption, and(c) improve dietary health and reduce obesity,in the United Kingdom.(2) In relation to the priority mentioned in subsection (1)(a), the strategy must include analysis of the merits of—(a) incorporating the environmental sustainability of food into the Eatwell Guide,(b) ensuring that domestically produced food meets environmental sustainability standards,(c) ensuring that food waste is minimised,(d) ensuring that public procurement meets both health and sustainability standards, and(e) providing increased funding for research and development into sustainable agriculture.(3) In relation to the priority mentioned in subsection (1)(b), the strategy must include analysis of the merits of—(a) supporting local and regional food identities,(b) supporting procurement of food produced in the United Kingdom where appropriate and sustainable, and(c) developing an assurance scheme for food produced in the United Kingdom to enhance consumer confidence in the safety, quality and sustainability of such food.(4) In relation to the priority mentioned in subsection (1)(c), the strategy must include analysis of the merits of—(a) ensuring the reformulation of less healthy foods using fiscal and other appropriate means,(b) restricting the marketing, promotion, and advertising of less healthy food both in retail outlets and through the media,(c) reducing food insecurity, food poverty, and obesity in the lowest income groups,(d) standardising and mandating food labelling relating to nutrition, and(e) improving children’s diets.(5) Before publishing the strategy under subsection (1), the Secretary of State must develop a standardised set of reporting metrics on health and sustainability across the food system by which progress on implementation of the strategy can be measured.(6) The strategy in subsection (1) must—(a) set out proposals for independent oversight of aspects of food policy covered by the strategy, and(b) consider whether responsibility for such oversight should be given to—(i) a new non-departmental public body, or(ii) an existing organisation.(7) In preparing the strategy under subsection (1) the Secretary of State must consult—(a) other relevant Ministers of the Crown,(b) the Scottish Ministers,(c) the Welsh Ministers,  (d) the Northern Ireland Department, and(e) bodies that appear to the Secretary of State to represent the interests of the UK agricultural and food sectors.(8) In this section—“Eatwell Guide” means the United Kingdom’s national food guide entitled the “Eatwell Guide”, as produced by Her Majesty’s Government;“food waste” means waste of agri-food products by households or the food service sector;“less healthy food” means foods high in fat, salt and sugars.”

Lord Krebs: My Lords, I thank the Minister and his officials for spending time yesterday in discussion with all four of us who have signed this cross-party amendment. Amendment 58 seeks to put into the Bill something that the Government are already committed to doing. The Government have said that they are
“committed to ensuring our food system delivers safe, healthy, affordable food for everyone, regardless of where they live or how much they earn, and which is built on a sustainable and resilient agriculture sector.”
This is precisely the purpose of the amendment. The noble Lord, Lord Whitty, spoke eloquently a few moments ago about the nature of our food system. He anticipated a number of points that I will make in my short introduction.
The amendment would ensure that the Government put in place policies that will, in combination, help to tackle the dreadful burden of ill-health in this country that is caused by poor diet, particularly among the poorest in society. The Covid-19 epidemic has brought the cost of obesity into stark relief. The Government have spoken of it as a wake-up call. The new obesity strategy, launched on 27 July, is a very welcome step and an acknowledgment of the crisis we are facing.
The amendment would also ensure that our food system is more environmentally sustainable, underpinned by the latest science, while supporting farmers by encouraging local food, where appropriate. The fact that this country is one of the most depleted in the world in its biodiversity shows how unsustainable we have been up to now. I anticipate that the Minister will say in his reply that the Government have commissioned Henry Dimbleby to prepare a report on the national food strategy and are committed to publishing a White Paper within six months of his final report, and that this amendment is therefore unnecessary. However, this process may well take us into mid-2022. Any actions that follow would not only be uncertain; they might not arise until some distant future.
Fixing the failures in our food system is too urgent for further delay. If the disagreement is about not whether but when, let us get on with it now. Neither the children whose lives will be blighted by ill-health from unhealthy foods nor the environment that is being damaged by food production can wait any longer. I will listen carefully to the debate and the Minister’s reply but if he is not able to give a commitment to act sooner rather than later, I will wish to test the opinion of the House. I beg to move.

Baroness Boycott: My Lords, it is a great pleasure to follow the noble Lord, Lord Krebs, and it has been an enormous pleasure to serve on the committee  of which he was the chair. I think that our report has been invaluable and is extremely thorough, and I know that, like him, we are a little disappointed by the Government’s reaction. However, also like him, I very much thank the Minister for the time he has spent with us.
It is roughly 12 years to the day since I began work as the chair of the London Food Board—appointed by our current Prime Minister, in fact. I have worked for many years in this area: I have loads that I could talk about and loads of things that I have done. However, despite all the effort of so many people working across the sector—charities, Governments, think tanks, consultancies, agencies, doctors and health departments—the situation has not got better. Actually, it has got worse.
Next week, the Food Foundation—of which I am a trustee—publishes the updated version of its annual publication, The Broken Plate. It makes for terrible reading. I will give the House just a few snapshots. Within food advertising budgets, out of a rough spend of around £300 million, 14% is spent on soft drinks, 17% is spent on confectionery, 17.7% is spent on snacks and just 2.9% is spent on fruit and veg. The poorest 10% of households would need to spend 76% of their disposable income to meet the Government’s recommended diet, the “eatwell plate”. Since last year, this has risen by over 2%.
If you are a baby born today, these are your life chances with the system we now have. At age five, 13% will be overweight and 9% will be obese. At age 21, 21% will be overweight and 25% will be obese. However, at 65, 22% will be overweight and a staggering 57% will be obese, and they will have a range of illnesses: diabetes, cardiovascular disease, cancers and osteoporosis, as well as really bad teeth.
Why on earth do we let this carry on? I have been asking myself this question repeatedly for 12 years. I have also been involved in many measures to fix it: little moves that perhaps make something a bit better; bits of Sellotape over this problem or that problem. But the thing is—and this is why this amendment is so important—it is not about fixing one little thing here or another thing there; this is a system that is largely outside the Government’s control. As the noble Lord, Lord Whitty, said on the previous group of amendments, it is a system run by a few very giant companies that have become very rich at our expense.
If you apply simple capitalism to the food system, this is what you get: sell more products made from ever-cheaper ingredients. It is easy to see it when you talk about clothes or cars, but it is also what we do with food, and these are the results we see around us. We have foods that contain chemicals, that have necessitated cutting down rainforests and that have deprived orangutans of their homes. In short, we have created a system that is out of control. What we have is the politics of the market and not the politics of health.
If we want to make proper improvements, we have to support this amendment. It is only by having a proper food strategy—one that cuts across government, involves all the departments and is treated with the serious attitude that it deserves—that we will make the proper changes that we need. When noble Lords are  thinking about voting on this, I ask them to please remember that food is also the major driver of our biodiversity. That is why it belongs here in this discussion about agriculture.
It is not just that we are getting ill from our food system: insects are dying, while animals all over the world are losing their habitats. Right now, roughly 65 billion animals are sitting in some sort of cage somewhere on our planet, eating food that, as was said, often requires deforestation to make, and waiting to be killed and processed on the journey to our plates. This is a really lousy way to run such an important system. It is a tragedy, because nature gives us healthy food—amazing and extraordinary stuff. I believe that we all have a right to it, wherever we live and whatever we own. I beg noble Lords to support the amendment of the noble Lord, Lord Krebs.

Baroness Young of Old Scone: My Lords, I declare my interests as a member of the Food, Farming and Countryside Commission and a former chief executive of Diabetes UK.
I very much welcome the requirement for a national food strategy being given a statutory basis, as outlined in this amendment. I thank the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, for having cooked it up—if that is not the wrong word to use about a food strategy amendment. I applaud its twin aims of environmental sustainability and health. I would probably add a further aim: the eradication of food poverty. As highlighted by Henry Dimbleby’s interim report, our most disadvantaged children are often those in receipt of the poorest diets.
Farming and food production has had, and continues to have, a huge impact on the environment, even where farmers are committed to good environmental performance and where mitigation measures have been put in place. Farmland birds and plants have suffered some of the greatest declines over the last 50 years: in the case of birds, there is on average a 48% decline among species, with some species declining by over 80%. Land use, including agriculture, accounts for 12% of our overall greenhouse gas emissions.
Food has a huge impact on health. One example is the rising tide of type 2 diabetes, which is a serious condition that is now the most prevalent cause of stroke, heart disease, kidney failure and adult blindness. Some 5 million people in the UK have diabetes and many more are at high risk of developing it. One in five people in a hospital bed has diabetes, and it consumes 10% of NHS resources. It is directly linked, primarily, to being overweight. Some 29% of adults and 20% of 11 year-olds are obese. One-third of all children leaving school, and a staggering two-thirds of adults, are now overweight. Diabetes causes 500 premature deaths a week—and that is every week. This is far more than the number of Covid deaths, apart from during that very high period in May, and yet very little song and dance is made about the appalling death rate. However, remission of type 2 diabetes is eminently achievable. Losing 10% of body weight can turn diabetes off, and for those at risk of developing diabetes it reduces their risk by 50%.
We urgently need a joined-up national food strategy to tackle these desperate twin challenges of sustainability and health. It needs to be joined up from food to fork, involving farmers, food manufacturers, retailers, schools, hospitals, employers, the hospitality sector and government procurement. I welcome the Government’s obesity strategy, but it shares with previous government attempts the qualities of being piecemeal and, as the noble Baroness, Lady Boycott, has outlined, shies away from really tackling some of the big players on the stage who have resisted moves towards a sensible food strategy.
The Government have indicated that they will produce a White Paper on food strategy six months after Henry Dimbleby’s final report next year, but we cannot wait that long, as both the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, have said. This amendment very sensibly enshrines a food strategy that hits the right targets, is joined up, is statutory and would be in place within 12 months. I hope your Lordships will support this amendment if it goes to a vote.

Lord Greaves: My Lords, I support this amendment. I hope it will go to a vote and that we will pass it, because it is so important and requires further discussion, and it would be very helpful for the House of Commons to have to discuss it.
This amendment is like the proverbial good pudding—it is full of good things or plums, or whatever you want to say. In particular, I pick out the question of food waste, which is such an important issue—everybody says it is important but nobody does a huge amount about it. How important it is to support local and regional food identities in the production of quality and diverse food. On restricting the marketing, promotion and advertising of less healthy food, I agree with everything that the noble Baroness, Lady Boycott, has said.
There has been huge political, economic and commercial pressure in this country in recent years for cheap food. A lot of food in this country is in fact, by historical standards, incredibly cheap—but being cheap does not necessarily mean that it is good food. It can be: in Trawden, an old weaving village just up the valley from where we live, there was no shop left, but a group of volunteers got together to set up a community shop that provides an astonishing range of really good, diverse, nutritious food which is incredibly cheap. Of course, most of the staff there are volunteers; you can do it on that basis, but it is not a basis for everywhere.
On the other hand, in June, when I came down before the recess, the facilities here were not all that great, due to the position that we are in. So I called at a convenience store on the way in and bought a couple of what, from the pictures on the packet, looked like rather nice ready meals. I could not believe how ridiculously cheap they were—less than a couple of bags of crisps, really. I put them in the microwave in the pantry on our corridor and thought I would have my tea. I have not eaten such nasty food for a long time. It was awful. You can tell that I do not do much shopping, given that I was buying these things. Nevertheless, it was an eye-opener as to how nasty cheap food can be.
The problem is that people who are living on the absolute minimum income—the sort of people whom the Minister was talking about earlier, who rely on the DWP—have to buy the cheapest food that they can get, because of their circumstances. So, for the people who buy a lot of the cheapest food because they cannot afford more, not only is the food cheap, it is not good. This is so important.
This amendment, in a way, underlines the whole Bill. We have talked about food production; the environment in which it is produced; the effect of food production on the environment; the quality of food; the standards that will be applied to food that is imported and to the production of that food—and all the rest of it. But where is the food strategy itself? What is the Government’s view on the food strategy? The Minister spoke of “safe, healthy, affordable food” and was quoted again by the noble Lord, Lord Krebs. But we do not know what the present Government’s overall strategy will be when it comes to the trade-offs between incomes for farmers, quality of food, price of food and where it all rests with international trade. We are still waiting for the Government to tell us.
We know what the different systems can be. First, if farmers are to produce food in this country, they must have sufficient income—that is pretty obvious—but the question is how that income will be put together. We know that the existing CAP system, which is mainly, though not entirely, based on the area of land in a farm, will be replaced by payments for public goods. In Committee, I tried to tease out from the Government a definition of “public goods” but such a definition was not forthcoming. It means different things to different people, according to what they think is important. I think that access is an important public good; other people do not necessarily disagree but put more priority on other things—even I might put more priority on other things. What is a public good? Is the production of good, healthy, affordable food a public good or is it, as the Minister said several times previously in his replies on this Bill, a private good, because it is something that can be left to the market and the price that farmers and producers get for that food is a private, not public, good? There is a muddle about this.
You can put tariffs up, which is basically what the Common Market did originally. It protected the European farmers behind tariffs in order to provide food security in Europe. That then turned into production subsidies and a level of intervention in the market that resulted in the famous beefs mountains—which people out there still think are part of the CAP, although they disappeared long ago. Then it was all decoupled from production and the farm payments were based on land; that is the system that we have more or less got to now, with some environmental bells and whistles added. Now it is going to be decoupled from land and based on public goods. That is all very well, but none of that says what our trade relationships with other countries will be—the countries that we import food from and export food to—or what trade arrangements we will have. Deal or no deal, we will have arrangements with the European Union and with countries in the rest of the world. The nature of those arrangements and how  they will work will have as much effect on the future of farming and of food—the price and what we get—in this country as everything in this Bill. They must be looked at together.
I would say that we need to concentrate on fair trade, health and well-being and environmental sustainability, putting the whole trade thing in the context of the environment. One of the best books I have read in the last year or two was Doughnut Economics, by Kate Raworth, an economist. She puts economics into the framework of society and the environment, rather than at the top. I recommend it to all noble Lords—and to the Minister. I hope he can tell us what our strategy for food will be in the future, in relation not just to all the things in this Bill but to our trading relationships with the rest of the world.

Baroness Bennett of Manor Castle: My Lords, I rise to offer the Green Party’s wholehearted support for this amendment. I reflect, as I did yesterday with the immigration Bill, that the current system of a maximum of four signatures does not allow the full breadth of cross-party support for an amendment to be shown on the Marshalled List. This is something that I may be raising with the House authorities.
I begin by returning to the words of the noble Lord, Lord Krebs, in introducing this amendment: neither human health nor the environment can wait any longer. That made me think of Oral Questions yesterday when the noble Baroness, Lady Parminter, in a supplementary question, asked the noble Lord, Lord Goldsmith of Richmond Park, where our peat strategy was. This is an extremely urgent climate matter. I heard the chief scientist from Defra reflecting this morning on how crucial this was, how the UN will soon be including peat emissions in its global calculations and how we need to act. Yet we are still waiting. We have no legislative framework and we do not know when we will get this delayed strategy. When we are talking about the food, health and diet of the nation and the well-being of our agricultural land, we cannot afford to leave this hanging.
It is often said that we are talking about creating, for the first time, a food strategy for England. Wales and Scotland have been well ahead of us in this area for many years—particularly Scotland. But we do have a food strategy. Our current strategy, although it is not written down, is to let supermarkets and multinational manufacturing companies decide what we eat. As the noble Baroness, Lady Boycott, set out in her extremely informed speech—she is of course your Lordships’ House’s expert in these areas—how that has given us a truly dreadful diet and a truly dreadful environment. We have to give people the chance to eat well and healthily, which simply is not available to them at the moment through our current food strategy.
There are many good things in this amendment, but I want to focus on just a few of them. One of them is that it focuses on the need for standardised metrics. I am a little surprised not to see the noble Baroness, Lady Neville-Rolfe, who extolled the virtues of such  an approach yesterday, speaking in support. The amendment speaks about restricting marketing. We all see how regularly ultra-processed food or junk food—call it what you like—is pushed on all of us, but particularly on our children. I ask your Lordships to reflect on when they last saw an advertisement for an apple or for cooking at home. The last time I saw that was a couple of years ago in Paris in a government advert there.
The amendment refers also to the need to fund research into sustainable food production. I hear again and again from the farming community and small producers of food how desperately they feel the lack of independent agricultural extension and advice. So much of the advice that is available to them is tied to the people who provide often very expensive inputs. This slants the way in which our food is grown. I have met many growers who are essentially forced to take all their advice on how to grow from the supermarkets, producing not in the interests of the land or of a healthy diet but in the interests of supermarket profits.
Another element of this excellent amendment is about improving children’s diets. I know that there is often a great throwing up of hands and a feeling that this is all too difficult, but I point noble Lords to the excellent HENRY scheme in Leeds, which offers a great case study of how parents can be helped to improve their children’s diet. It is very successful. Why have we not seen it already rolled out around the nation? It is something that this amendment could help direct the nation towards.
As is always the case when one supports an amendment that one did not write, I might write somewhat differently
“high in fat, salt and sugars.”
I do not think that phrase adequately identifies both desirable and undesirable foods, or the problems; “ultra-processed food” is perhaps a better identifier. However, that is a minor quibble with an excellent amendment setting out a framework which says to the Government, “This is a key role of your job as a Government and we need to see a food strategy for England as soon as possible.” I think that we have all been impressed by the work of Mr Dimbleby on the interim food strategy—that is lovely and could obviously feed a big part of producing the strategy envisaged in the amendment—but it is just one more privatisation. Relying on a private individual appointed by the Government with no legislative framework simply is not good enough for this crucial area. I urge all Members of your Lordships’ House to back this amendment.

Lord Judd: My Lords, my heart always cheers when I see an amendment to any legislation by the noble Lord, Lord Krebs. He brings experience, wisdom, knowledge and insight in a disciplined way to our proceedings, and I thank him warmly for this amendment. I am also glad to see my noble friend Lady Jones in full support.
We can in this House sometimes sound a bit like a Greek chorus, wringing our hands about what is wrong, social evils and the things that are failing to deliver the kind of society we all claim to want to see. The great thing about this amendment is that it takes the opportunity of this Bill to bring in a comprehensive and disciplined way some muscle to what we are going to do—demanding plans for action in specific areas by specific dates.
I have just looked through the list in the noble Lord’s amendment and think of all the hours that we have spent in this House discussing these things:
“increase sustainability of food production … improve dietary health and reduce obesity”—
how we lament obesity, but here is a firm suggestion as to what we should do about it. The list continues:
“incorporating the environmental sustainability of food into the Eatwell Guide … ensuring that domestically produced food meets environmental sustainability standards … ensuring that food waste is minimised”—
the noble Lord, Lord Greaves, spoke powerfully on this point; I too become appalled and disgusted when I see the mountains of food that go to waste. The amendment further calls for:
“ensuring that public procurement meets both health and sustainability standards … providing increased funding for research and development into sustainable agriculture … supporting local and regional food identities … supporting procurement of food produced in the United Kingdom where appropriate and sustainable … developing an assurance scheme for food produced in the United Kingdom to enhance consumer confidence in the safety, quality and sustainability of such food … ensuring the reformulation of less healthy foods using fiscal and other appropriate means … restricting the marketing, promotion, and advertising of less healthy food both in retail outlets and through the media … reducing food insecurity, food poverty, and obesity in the lowest income groups”—
how we profess our concern about this grave social issue, but in the midst of our society we have these areas in which food insecurity, food poverty and obesity are so prominent.
I could go on, but I quote at length from the amendment because the points in it need to be spelled out for all to hear. I am very glad that the amendment has been moved. It is a helpful way of bringing the production of food and the whole system of agriculture into a direct relationship within a comprehensive strategy for dealing with many of the social and immediate problems which confront us. It is a terrific amendment and I shall be glad to support it.

Baroness McIntosh of Pickering: My Lords, I congratulate the noble Lord, Lord Krebs, on moving this amendment, which on the face of it has much to commend it and covers a wide-ranging issue. In his introduction, he stated that he wanted to put in the Bill what the Government are committed to doing to deliver safe, healthy and affordable food to all. I cannot imagine that any Member of your Lordships’ House would disagree with that.
We are very fortunate to benefit from the expertise and knowledge of the noble Lord, Lord Krebs, the noble Baroness, Lady Jones of Whitchurch, the noble Baroness, Lady Boycott, who is, of course, a member of the advisory panel on the national food strategy, and indeed the noble Baroness, Lady Bakewell of Hardington Mandeville, all of whom have signed this amendment.
The noble Lord also went on to say that the Government are committed to publishing a White Paper six months after the publication of part 2 of what I call the Dimbleby report on the national food strategy. After that, Mr Dimbleby is invited to review progress six months later. My concern with the amendment, and I look forward to what the Minister  will say in summing up the debate, is that it pre-empts part 2 of the national food strategy. It is not always that I say this, but again I commend the Minister in this regard, because the Government seem to be on the side of the angels and have commissioned Henry Dimbleby to produce his report. I pay tribute to Mr Dimbleby and all those who have contributed, such as the noble Baroness, Lady Boycott, Minette Batters and a host of others who have huge expertise and add great value in this field.
I understand, looking at the first part of the national food strategy, that the recommendation covers two main themes: making sure that a generation of our most disadvantaged children do not get left behind, that eating well in childhood is seen as the very foundation stone of equality and opportunity, and so it goes on; and then the second part of part 1, which I am going to draw on heavily when I come to later amendments. Mr Dimbleby talks of the essence of sovereignty being freedom, saying that this is a one-time opportunity to negotiate our new trade deals, that the Government must protect the high environmental and animal welfare standards of which our country is justifiably proud, and so it goes on.
So I am slightly confused, because I do not disagree with one iota of what is in this amendment. But there are many issues that I have found cause to criticise the Government on, and my noble friend has been patient in the extreme in listening to this, both outside and inside the Chamber, and I thank him for that. But when the Government have gone to the lengths of commissioning a national food strategy, are we not being a little pre-emptive in Amendment 58 before the House this evening?

Earl of Dundee: My Lords, I support Amendment 58 on the national food strategy in the name of the noble Lord, Lord Krebs, connecting as it does to the useful Amendment 53 in the name of the noble Baroness, Lady Boycott, which we have just debated and which recommends that government reports on food security should include assessments of household food insecurity.
As has been said, healthy food and a healthy environment are central to the Bill; therefore, it would be consistent with the Bill if the Secretary of State should present a food strategy to Parliament. As the noble Lord, Lord Krebs, has indicated, its aims should be to increase sustainability of food production, to support food production and consumption and, not least, to improve dietary health and reduce obesity. I hope the Minister will back this proposal.

Lord Rooker: My Lords, the noble Lord, Lord Krebs, took less than three minutes to move the amendment. I hope to copy that and avoid some of the Second Reading-type points that I have just been listening to.
The new clause is titled “National Food Strategy” and I think the word “national” is important. I shall touch on only three points. Subsection 2(d) concerns public procurement. We do need central control to do something about public procurement. We have devolved  so much to bodies such as schools, prisons, the MoD and the NHS in terms of the budgeting. Trying to get national policy without dictating the detail to them is very difficult and needs a cross-government effort. I know how difficult it is to do because I tried and failed. So that is one issue.
My second point concerns paragraph 3 and “developing an assurance scheme”. There needs to be a good government kitemark assurance scheme. To be honest, what we have is not satisfactory, whether it is Red Tractor or the RSPCA. They are all over the place. The public need to have something they can be absolutely confident about, and I therefore think that an assurance scheme that the Government have developed —in consultation, obviously—would carry an awful lot of weight.
My third point concerns the fourth paragraph, on marketing and promotion. Something like 40% of the food in the supermarkets is on promotion. On restriction, I am also in favour of the voluntary changes in reformulation. When I joined the Food Standards Agency, it was almost at the end of its programme to launch the reformulation to reduce salt, which was on a voluntary basis and was incredibly successful. The UN supported it at its conference in London because of the work of the FSA. That work was then removed to the Department of Health behind closed doors by the noble Lord, Lord Lansley, and that was the end of it, in a way. The reductions we have had are nowhere near as good as in the past.
That brings me to my final point. Much of what was required on obesity, and changing the attitude to promotion and marketing, was set out years ago. I only reluctantly mention the names of civil servants, but they have said things in public. Dr Alison Tedstone of Public Health England, who was formerly at the FSA, had all this planned out. She spoke to all-party groups about it when Theresa May was Prime Minister. Theresa May dumped it all—absolutely dumped the programme in terms of advertisements before the watershed and the obesity programme for children. So it is all there; we do not have to invent anything.
My final point ties in with what the noble Baroness, Lady McIntosh, said. I have been in the Minister’s place, getting up to say to the House, “Well, it’s in the Bill, we’re going to do it, you’re pre-empting something”, when deep down I really know that if I can get this in the Bill, it will be so much easier when I am back in the department to actually get the policy through. Because I do not believe the timetable that has been set out following Dimbleby 2 can be maintained unless there is a real parliamentary push, and the way to do that is to adopt Amendment 58.

Earl of Caithness: My Lords, I too had the privilege of sitting on the committee chaired by the noble Lord, Lord Krebs—the Food, Poverty, Health and Environment Committee—and I am grateful to the Government for their response to our report. I would classify it in English as “disappointing,” in Scottish as “peely-wally,” and I think the amendment before us goes a long way towards implementing what was unanimously agreed in the report. I agree with the noble Lord, Lord Rooker, that to have it in the Bill now is the right way forward to help Defra in the future.
The quality of the food we eat is costing us all billions—costing this country a great deal of money, and unnecessarily. We are the processed food capital of Europe, and that is a number one spot that we should not be holding. It was the noble Lord, Lord Greaves, who said that we want to encourage the production of good, healthy food. I argue that the farmers do produce good, healthy food now: it is the industry, as the noble Lord, Lord Whitty, said on the previous group of amendments, that turns decent, good food into the poison that we are fed by supermarkets—all this ghastly processed food. Some of it is absolutely delicious, and you have to go for a second helping, but it is poison: it is doing us no good and it is costing the NHS, in due course, one heck of a lot of money.
So it is the industry. I remember that on one occasion we were interviewing Judith Batchelar of Sainsbury’s and then the British Retail Consortium. I pressed hard and it took a long time to get a final answer from Judith Batchelar, but she did finally say that Sainsbury’s would not sell chlorinated chicken. The British Retail Consortium, on the other hand, said, “Oh, no, we have no control over our members”. In other words, “We are not going to say anything, and we are certainly going to produce the cheapest food that we can find on the market.” The industry will be called to the table kicking and screaming against any change.
As so much of the food we eat is either fast food or from restaurants, we have absolutely no idea what we are being served. It is one thing to buy something with a label on it in a supermarket or a shop, but it is quite another when we eat outside our home and have absolutely no idea where the food comes from.
On a point of nitpicking detail with the amendment, I would have liked in subsection (4)(d), on food labelling, to have included the effects of climate change. I mentioned this quite a lot in Committee, and I hope my noble friend has read the book by Professor Bridle that I recommended to him, or at least his officials have and given him a precis of it.
Another point we raised in Committee which is hugely important to the whole of our national food strategy is what I would term Whitehall governance. It is not just Defra; there are numerous departments within government that are all involved in the food we eat, whether it is education—through schools—or the National Health Service, or whoever it is. Whitehall governance has also got to improve. It was quite clear from the number of Ministers we had to interview to get any sort of idea of what the Government were trying to do that it is not a joined-up process.
I believe this amendment would go a long way to push that in the right direction. I do not think my noble friend Lady McIntosh is right in saying that it will pre-empt part 2; it will strengthen the Government’s hand when part 2 is published. By that stage, the Government will be a little bit more ahead of the game than they are at the moment.

Viscount Trenchard: My Lords, this amendment would include in the Bill a new clause introducing a national food strategy. I understand that Henry Dimbleby’s team will publish part 2 of their review before the end of the year, and that the Government have committed to publish a White Paper within six months of that.  I therefore believe this is the wrong place and the wrong time to try to legislate, as proposed by the noble Lord, Lord Krebs. However, I do agree with many things he said in his introductory speech. In this instance, I tend to agree with my noble friend Lady McIntosh rather than my noble friend Lord Caithness.
I believe that the best way to encourage people to improve their diet and reduce the problem of obesity—which seems to me also worthy of being described as a pandemic—is to produce policies that will maximise prosperity for all. The lower the proportion of household income that basic necessities such as food account for, the more people will choose to buy higher-quality and healthier food products. The creation of another non-departmental public body with powers to influence food policy, including the reformulation of less healthy foods by fiscal means, would run the risk of creating a vast, unaccountable bureaucracy, which would cause distortions in the market.
As noble Lords are well aware, the economy has been badly hit by the Covid-19 pandemic, and unemployment is rising. Does my noble friend the Minister not agree that it is the wrong time to restrict the marketing, promotion and advertising of what the amendment calls “less healthy foods”? Surely it is not good for your health to eat large quantities of certain foods, but modest consumption of many foods containing salt does not harm most people in any way. I worry that a new body, or an existing organisation, that the noble Lord wishes to have oversight of these matters might overstep the mark, besides the obvious risk of tempting the nanny state to be overzealous, which would reduce personal responsibility for matters such as choice of diet and possibly even have counterproductive results.
I think that Henry Dimbleby’s national food strategy can make an important contribution to public understanding of the importance of diet. However, the best way to ensure that a wide range of healthy food is available at reasonable prices is to ensure that our food markets will be free of the distortions that exist today as a result of our membership of the common agricultural policy.

Baroness Bakewell of Hardington Mandeville: My Lords, I wish to speak to this amendment, to which I have added my name, along with the noble Lord, Lord Krebs, and the noble Baronesses, Lady Boycott and Lady Jones of Whitchurch. I am grateful to the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, for so excellently setting out the rationale for this amendment, and I declare my interest as the mother of a dietician. I am grateful to the Minister for his time, and that of his officials, in providing briefings.
In Committee we had a long debate on this issue, with a large number of speakers raising the issues around the need for a national food strategy. We were headed off by the Minister on the grounds that we were waiting for Henry Dimbleby to produce his first report. This has now happened, and I agree with the comments of the noble Lord, Lord Rooker, that this is unlikely to be actioned without something in the Bill.
I am sure the Minister will again try to head us off by wanting to wait until part 2 of Henry Dimbleby’s report is produced some time next year—it will not be  produced this year, as the noble Viscount, Lord Trenchard, thinks. After the second report has been produced and digested, the Government have promised to produce a White Paper consultation on the food strategy within six months. After that consultation, a food strategy will appear at some time, but this could well be in 2022. I ask the Minister to give some clarity on the timescales in his response.
There cannot be many in the country who do not know that a healthy diet and exercise are vital if we are to avoid the rigours of diabetes and obesity or avoid falling victim to Covid-19. However, for many people, knowing that a healthy diet and exercise are needed does not necessarily mean that they fully understand what a healthy diet is, what foods they should avoid and which they should eat more of. Other noble Lords have produced really frightening statistics on the health of the nation.
The amendment is specific: nutritious, healthy food must be readily available. The rise in the popularity of television cooking programmes shows that people are interested in the preparation of interesting-looking food made from fresh ingredients. However, many TV adverts we see scheduled, especially from large supermarket chains, often feature food that is high in fat, salt and sugars, to which the noble Baroness, Lady Bennett, has referred.
Beefburgers are a prime example. To me, the images on the screen are not that appetising, but I am sure that for those who regularly consume beefburgers, they are enticing and encourage them to fill their supermarket baskets with them. There is nothing wrong with beefburgers, eaten occasionally, made at home with fresh meat and without the addition of salt and sugar. However, when eaten on a daily basis, as they will be in some households—especially those who are on low incomes and cannot afford electricity to cook meals, and find it easier to go to the takeaway— they do not improve life chances. My noble friend Lord Greaves has given examples of ready meals and their quality, and I am sure that most of us have had one of these at some stage in our lives. Getting manufacturers to reduce the amount of fat, salt and sugar is key to improving diet—the noble Baroness, Lady Boycott, has said it all so much better.
In this House, we have a duty to do all we can to improve the diet of the nation. As I said at the beginning of my remarks, my daughter is a dietician and frequently says to me, “What are you doing about it?”. Alone, I cannot do a great deal, but together we can make a difference. This amendment is one way in which we can make a difference. On our virtual Benches we will support the noble Lord, Lord Krebs. I urge your Lordships to support this amendment, and I look forward to the Minister’s response.

Baroness Jones of Whitchurch: My Lords, I am pleased to have added my name to this amendment, so ably introduced by the noble Lord, Lord Krebs, and the noble Baroness, Lady Boycott, and I thank all noble Lords who have added their support in this debate.
In Committee we tabled an amendment calling for a national food plan to complement the previous clause on food security, and we had a very useful debate which highlighted the need to anchor a food strategy to the funding of farming for the future. Since then, considerably more thought has gone into what the shape of a national food strategy should be, and we believe that this amendment sets out a clear road map for the future. As the noble Lord, Lord Krebs, made clear, it was well informed by the excellent Lords report Hungry for Change: Fixing the Failures in Food, a substantial piece of work which highlights the need for action in many of the priorities set out in this amendment. It makes the link between the food we grow, the environmental impact and the public health consequences of a poor diet and emphasises the need for a standardised set of reporting metrics on health and sustainability as well as an adherence to procurement standards. It also calls for the establishment of a national food strategy, backed up by the establishment of an independent body, analogous to the Committee on Climate Change, with responsibility for strategic oversight of its implementation. That is what this amendment seeks to deliver.
I have to say that the noble Viscount, Lord Trenchard, seemed determined to ignore all the evidence, which shows that a lack of access to healthy food, along with poor diets and poverty are driving up levels of diet-related obesity and non-communicable disease. This adds something in the region of £6 billion a year to the NHS bill. There is a cost to this nation from inaction and a benefit to the agricultural sector if we can shift the solution to healthier food production and away from ultra-processed food. The Government need to address these issues.
In parallel with the work of the Lords committee, we know that Henry Dimbleby has also been working on a national food strategy. His interim report was published in July, and a more substantial final report covering many of these issues is due next year. We welcome that initiative. The Government have committed to publish a White Paper within six months of its publication and to follow up the recommendations, which is obviously a welcome step forward. However, there is no obligation on the Government to agree or to enact his proposals, or indeed to follow up the recommendations in our own Lords report. My noble friend Lord Rooker rightly reminded us that Governments have form on not following through on excellent reports of the past. Our amendment therefore seeks to provide legislative assurance that these proposals will be followed up with actions.
I say to the noble Baroness, Lady McIntosh, that we are not attempting to pre-empt or prejudge what the recommendations will be; we went to great lengths not to do that. We are asking only that the Government take them seriously and come up with their own food strategy within a set timeframe. Our amendment requires that the strategy be laid before Parliament within 12 months of the day that the Bill is passed, which we believe is reasonable and achievable. As the noble Lord, Lord Krebs, made clear, it is too urgent for any further delay.
For all the reasons articulated by noble Lords, a national food strategy, based on the issues set out in our amendment, is vital for improving the health of  the nation. It is essential that our future agricultural policies are aligned with policies that deliver healthier food to feed the nation. It is a fundamental responsibility of government to act on this issue and to ensure that its agriculture, environment and public health strategies are all joined up on this issue.
I also thank the Minister for his helpful meeting yesterday. We had hoped to persuade him to make this a government amendment, and I still hope that we have persuaded him and he can make that commitment today. However, if that is not possible, I ask all noble Lords to support this amendment if it is put to a vote.

Lord Gardiner of Kimble: My Lords, I thank all noble Lords. I am well aware of the mindset of many of your Lordships, having had discussions with the noble Lord, Lord Krebs, and other noble Lords yesterday, as well as from what has been said today.
However, I open by saying that the Government are committed to developing a food strategy. I thought that in some of the contributions it appeared as if this was not the case so I point out that commitment, which will support the development of a sustainable, resilient and affordable food system, support people to live healthy lives, and protect animal health and welfare. I say to my noble friend Lord Dundee—without any chiding—that that is why the Government have already commissioned an independent review into the whole of the food sector. The review was launched in June 2019, and in July this year the first report was released, dealing with some of the most urgent questions raised by Covid-19 and EU exit.
The final report from Henry Dimbleby’s review is expected to be published in 2021. It will provide an opportunity to analyse the food system in this country and put forward—yes—an ambitious and comprehensive plan for transforming it. Although it will be for the independent team to develop its final report, it will examine the food system from root to branch, analysing in detail the economics and power dynamics that shape it, the benefits it brings and the harm it does. In doing so, it will look across the interwoven issues of health, climate change—mentioned by my noble friend Lord Caithness—biodiversity, pollution, antimicrobial resistance, zoonotic diseases and the sustainable use of resources.
The Agriculture Bill is a framework Bill, and it is unusual to put detailed commitments into this enabling legislation. The Government have been very firm on their commitment to publish a food White Paper within six months of Henry Dimbleby’s final report—my noble friend Lady McIntosh of Pickering referred to that. It is only reasonable to say that we will need that time to reflect and secure agreement from all government departments ahead of Henry Dimbleby’s final recommendations.
We must also be careful not to pre-empt the contents of the final report, providing the independent team the opportunity to assess independently which measures would be most effective for our food system. Specifying what the White Paper must cover at this stage brings with it the risk that it directs thinking in a certain way, which could lead to new and innovative ideas being missed. It would therefore be premature to set out  exactly what the Government’s food strategy must cover in the way that the amendment prescribes. The Government also have an issue with fixing a timetable without certainty on the publication date of the final report.
I also see this amendment in the context of the food security reports. Matters such as food supply and consumption, food safety, the resilience of the supply chain for food and household expenditure are already stated as being within the scope of these food security reports. The first report is be published on or before the last sitting day before Christmas for both Houses of Parliament. This report will also include an analysis of statistical data relating to the effects of coronavirus on food security in the United Kingdom, which was a key focus of the first report from the national food strategy. These reports will therefore certainly support the development and fulfilment of an ambitious food strategy.
I am also grateful for the Hungry for Change report, published this July by our Select Committee on Food, Poverty, Health and the Environment. We will of course be building on a wide range of work as we develop our food strategy, including that report and many others.
I will cut in here and say that the noble Baroness, Lady Bakewell of Hardington Mandeville, mentioned diet, but only one noble Lord referred candidly to exercise: the noble Lord, Lord Greaves, obviously has a lifetime’s commitment to access and walking. Again, this is not just one thing but a combination of many issues that we have to grapple with.
Tackling public health and food issues properly requires a joined-up and practical approach across government departments, which goes beyond this Bill alone. During the Covid crisis, collaboration between government departments has been vital to ensuring that the food system receives the required support. We set up a joint ministerial food and essential supplies to the vulnerable taskforce, and throughout the crisis this example of cross-government working ensured that vulnerable people had access to food.
We are committed to continuing this level of collaboration and engagement across government to develop and deliver a new food strategy, as will be set out in the White Paper. I say to my noble friend Lord Caithness, for example, that Defra is already working with the Department of Health and Social Care and others to ensure that improving public health is a core priority of government policy.
Covid-19 has brought the risks of obesity and other health issues into sharp focus. As we all identify, it is more important than ever that people achieve a healthier lifestyle. The Government launched their new obesity strategy on 27 July to set out practical measures to get the nation fit and healthier, protect people against Covid-19 and protect the NHS. A coalition of partners is supporting delivery of the strategy through the Better Health campaign, which is encouraging adults to introduce changes to help them work towards a healthier weight.
The noble Lord, Lord Krebs, referred to his concern about “sooner or later”. I understand that, of course. There is an imperative about the Government’s work  in seeking out Henry Dimbleby to bring this forward, and our promise remains to bring forward a White Paper within six months of the final Dimbleby report. If we are on target, Royal Assent to this Bill is probably in October. Advancing this amendment, we are voting, if that is noble Lords’ wish, for something the Government will have to reject in the other place in the end—I must not conjecture on what the other place will do—because of the timing.
I say honestly, and can commit this across government, that I am fully confident that the plans already in place by the Government to develop a comprehensive food strategy will deliver the intent behind this very laudable amendment. There are issues, as in all these things. My noble friend Lord Caithness said he would have liked this or that. There are issues in putting something in the Bill now, but I think we are all united in wanting to ensure that our food system is fair, affordable, healthy and sustainable.
I understand the mood of the House. I think I assess the mood of the noble Lord, Lord Krebs, although I must not pre-empt him. I ask him to withdraw his amendment because of the points I have made genuinely. The Government are developing a food strategy; it is an issue of timing. The noble Baroness, Lady Boycott, has been engaged in the Dimbleby report. She, more than anyone else, can confirm that this is a report of the utmost depth and rigour. The Government will want to have at least six months—or within the six months, as I have said—to make sure we get cross-Whitehall collaboration to bring forward something of lasting value to every person in this country.
My reasoning for asking the noble Lord, Lord Krebs, to withdraw his amendment is not to reject his and other noble Lords’ very distinguished role in bringing this matter forward but to be honest in saying that I think there are difficulties because of the timing. I respect whatever the noble Lord does, but that is why I ask him to withdraw his amendment.

Lord Krebs: I thank all noble Lords who have taken part in this debate and the Minister for his careful and considered response. Overall, there has been very strong support for the amendment, with some excellent speeches. I will mention just a few points; I cannot really do justice to them all.
My noble friend Lady Boycott made the important point that, in spite of all the efforts made in recent years, things are still heading in the wrong direction. The Food Foundation’s Broken Plate report highlights some stark statistics to support this. The noble Baroness, Lady Bennett of Manor Castle, also emphasised the urgency and pointed out that the current strategy is to let the industry rip. She also highlighted, as did the noble Baroness, Lady Jones of Whitchurch, the importance of metrics and measurements to ensure that we know whether we are moving in the right direction.
The noble Baroness, Lady Young of Old Scone, spoke eloquently on type 2 diabetes and the noble Lord, Lord Greaves, on food waste. As the noble Lords, Lord Judd and Lord Rooker, said, this amendment brings muscle to matters we have discussed many times.  With his ministerial experience, the noble Lord, Lord Rooker, put it like this: the Government have been sitting on it for years. We know what needs to be done but simply have not been acting on it.
There were those who invoked the infamous principle of the unripe time: the noble Baroness, Lady McIntosh of Pickering, the noble Viscount, Lord Trenchard, and the Minister. As I—and, I believe, others—have said, the principle of the unripe time is always a way of putting things off. This problem is too urgent to defer indefinitely into the future. As the noble Baroness, Lady Bakewell of Hardington Mandeville, said, when people put it to us, we have to ask ourselves, “What have we done about it? What are we doing about it? Are we content to sit on our hands, delay and wait for Dimbleby’s report and whatever the Government may do afterwards, or are we determined to try to press for action now?”.
As the Minister said in his very careful and considered response, the Government are committed to the development of a national food strategy via the Dimbleby report and it will be a thorough report—but we have heard no guarantee that the report will be implemented in full, nor that there will be some long-term independent oversight of the implementation of the strategy. Although the Minister has done his very best to reassure us and to give as strong a commitment as he can, for me— and, I believe, many other Members of this House— the issues are of such urgency that we cannot wait. I therefore wish to test the opinion of the House.
Ayes 280, Noes 218.

Division conducted remotely on Amendment 58
Amendment 58 agreed.

Baroness Finlay of Llandaff: We now come to the group beginning with Amendment 59. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this, or anything else in this group, to a Division should make that clear in debate.

  
Clause 18: Declaration relating to exceptional market conditions

Amendment 59

Lord Carrington: Moved by Lord Carrington
59: Clause 18, page 15, line 1, leave out paragraph (a) and insert—“(a) there is an acute or chronic disturbance in agricultural markets or a serious threat of an acute or chronic disturbance,”Member’s explanatory statementThis amendment will ensure that financial assistance can be provided to the farming industry in England at times of crisis caused by natural phenomena that lead to chronic problems in addition to the acute economic problems already covered by the Bill.

Lord Carrington: I declare my interests as a farmer and landowner, as set out in the register.
I welcome the provisions in the Bill that will allow the Government to provide financial assistance where there is a disturbance to markets for agricultural commodities causing producers to face reductions in income. However, I am concerned that the Bill unnecessarily constrains the Government from acting in all relevant circumstances. The Bill as presented to us will not provide the Government with sufficient ability to intervene in markets where disruption has been caused by environmental factors such as weather—for example, drought or flood, both of which we have had examples of in recent years.
I have taken on board the comments of the noble Baroness, Lady Bloomfield, when similar amendments were debated in Committee and, while I agree that farm businesses need to take responsibility for resilience and sustainability as far as they can, we are looking here at events which are, generally, one-off events which occur outside the control of the farmers affected. For instance, in the case of floods, the farmer has no input into the maintenance of sea walls and other major flood defences.
I am aware of past suggestions that farmers should look to use some form of insurance facility to cover those eventualities but, in reality, such insurance is either unavailable or accessible only at disproportionate cost. In other countries, Governments have offered such insurance, but this has proved extremely costly to the taxpayer and has encouraged moral hazard.
There are also farming disasters which continue on a chronic rather than an acute basis, such as animal disease—for example, bovine TB. The Bill provides only for acute circumstances. In highlighting the issue of chronic or long-running issues, the amendment does not require the Government to intervene in those  widened circumstances but provides a mechanism for the Government to do so if it believes it necessary. This seems an entirely sensible approach within an enabling Bill, which contains so much about providing the Government with powers to act when necessary. I emphasise that this amendment provides a power, not a duty.
Although the Minister indicated that the objective of the Bill’s provisions is to deal with acute rather than chronic issues, I believe it would be a major missed opportunity not to include power to deal with chronic issues within the legislation. Without the power to intervene in markets where environmental or chronic issues prevail, the Government could be rendered impotent in responding without bringing forward further primary legislation. Surely it must be better to ensure that the powers are available in the Bill on a forward-thinking basis rather than belatedly having to take them when an issue needs to be addressed. I beg to move.

Baroness McIntosh of Pickering: I congratulate the noble Lord, Lord Carrington, on tabling these two amendments, both of which I support; I am delighted to have co-signed Amendment 108.
I have just one question. I spoke at some length in Committee, and my noble friend the Minister was generous in her closing remarks in that debate, stating that there is current legislation that would pre-empt these provisions. The noble Lord, Lord Carrington, referred to the specific example of flooding; obviously, one could refer to others, such as the current pandemic. In this instance, I am delighted to say that farmers managed to get the food into the shops and on to the supermarket shelves, and worked all hours to do so. There could, however, be shocks and other glitches to the supply chain. These two amendments provide for such circumstances and it would be neat, in my view, to include them in the Bill.
My question to my noble friend when she sums up is very specific. I think she referred to the new farming recovery scheme as a case in point where there is current primary legislation on which farmers could depend if such assistance was required. But to my certain knowledge, when farmers in North Yorkshire, in the constituency of our right honourable friend the Chancellor of the Exchequer, applied for the scheme, they were given the proverbial raspberry. We saw the devastation caused to the farms and to tourism in the area. They are still reeling from that result. That was in January—it seems an awfully long time ago, but it was only January this year—and they were still not back on their feet when they had to deal with the total lockdown from March onwards.
I should like my noble friend to revisit that legislation and, if she does not have time to do so today, leave a note in the Library on why she is convinced that that legislation covers the scenario set out in these two amendments, because in my experience it certainly did not in the case of North Yorkshire and our right honourable friend.

Lord Northbrook: My Lords, I meant to declare my interest as a landowner and arable farmer in my earlier contribution. I support Amendment 59, as I did in Committee. It is very important to have the  power to extend financial assistance to events caused by natural phenomena, as well as the economic problems already covered by the Bill. As the noble Lord, Lord Carrington, stated, the amendment moves beyond global market changes to other triggers, such as extreme weather and disease. Like him, I do not believe that the extension should be used as an excuse for farmers to claim that they have been victims of circumstance, particularly if caused by their own inefficiency or incompetence. Like he does, I believe that it is very important that once a natural phenomenon event has been identified, intervention should be implemented without delay.
As other noble Lords have stated, the Minister said in Committee that this situation is already covered by current legislation, but I bear in mind the recent comments of my noble friend Lady McIntosh about the situation in North Yorkshire. I also ask the same question. I believe the amendment should be in the Bill.

Lord Naseby: My Lords, I support the noble Lord, Lord Carrington, on this amendment. It is encouraging that in the briefing note the Minister gave all of us there is a paragraph on the Government’s agriculture bounce-back plan, arising out of the impact of Covid-19. I am conscious that the Government are onside, but the question is whether this should be in the Bill, as the noble Lord described.
I share that I am closely involved with Sri Lanka, as many noble Lords will know. I remember seeing the devastation there on Boxing Day 2004. My wife and I went out there a few days later to help. If you happened to be in the spice trade, it was totally wiped out by two waves. These things do happen.
I also declare an interest in the Cayman Islands. I have family there. Those islands were almost wiped out some 20-odd years ago. In the last season Hurricane Irma did horrendous damage. These are part climate change, part other events.
I add to that list that I worked in India, in Calcutta, for the Reckitt & Colman group when the Indians invaded the tea estates. That hit the tea market something rotten that year—from memory it was 1962. These strange events do happen.
We are used to financial crashes and I think that seed health and other sorts of areas are covered. Nevertheless, today, in the world we are in now, I believe we need to have something in the Bill. It does not proscribe the Government too much. It is just a very sensible precaution relating to climate change and all the other challenges we face.

Lord Inglewood: My Lords, I declare my interests, which I declared on previous occasions. I will make one small flanking point to those made already.
As I explained to the House on Tuesday, you can see from farming accounts that the vast bulk of a farm business’s income is from traditional agriculture. They are businesses that have a relatively high turnover and low margins. Against that background, we have been talking a lot about various environmental changes that we want to see in the country, which in turn will be paid for by the public money for public goods formula.
However, against the whole-farm income of the vast majority of farms in this country, that amount of money will still almost certainly be relatively small. If a farm business faces a complete crash in its market—I speak as someone who has an animal livestock business that was wiped out in the foot and mouth outbreak—it faces an existential threat. When faced with an existential threat, you simply do everything you can to save that business. In reality, that means that, whatever the rules about how public money is paid for carrying out environment changes of one sort or another, it will simply be stopped and it will have to be sorted out later.
Rather the same problem faces Lake District farmers, where I am chairman of the Cumbria Local Enterprise Partnership, with the Covid outbreak, which has killed off much of the tourist trade, although it is picking up now. It had a pretty devastating effect on farm incomes in a form of agriculture where the margins from traditional husbandry are very low and the farm business’s survival depends on generating tourist revenues.
I argue that the effect of market disruption, quite apart from the impact it might have on any particular farm business, poses a very serious threat to a lot of the entirely good propositions for environmental change and improvement inherent in the debate we are having on the Bill. Therefore, the environmental aspects of what we are discussing are a genuine potential candidate for collateral damage from market collapse. As such, for the reasons the noble Lord, Lord Carrington, and others have given, it is appropriate that these provisions should be in the Bill.

Baroness Scott of Needham Market: My Lords, in 2016, before the referendum, I chaired the EU Energy and Environment Sub-Committee. We carried out an inquiry into resilience in agriculture, so I can say from the beginning that I agree with the noble Lord, Lord Carrington, that insurance is quite often not an appropriate solution for farmers, however it might appear to be so superficially.
Having said that, I find these amendments somewhat problematic. I will explain why. First, it is because the Bill as drafted talks about the disturbances being acute. The amendments would add “chronic” to the description of the disturbances, but all the interventions have been about the results of that disturbance. To my mind, that is quite an important distinction, because you could have a short-term problem with a long-term impact. I am not clear whether, as drafted, this talks about the original problem or the impact.
I am also genuinely unsure why existing provisions are not good enough. I heard with some interest what the noble Baroness, Lady McIntosh of Pickering, said, so I look forward to the Minister clarifying that, but this is one area where I feel the Government have farmers’ backs in the event of these sorts of disturbances. I do not recall seeing anything from the NFU on this so I am not sure it regards it as a big issue, but perhaps when he winds up the noble Lord, Lord Carrington, will enlighten me on that.
I am reassured that the amendment would provide a power, not a duty, because a duty to continue to offer support for a “chronic” disturbance could be for  years and years. I do not think that would be appropriate; I would be pleased to see it as a power and not a duty. Nevertheless, the Government can move quickly when they need to, as they did in bringing in the furlough scheme, for example. I am not entirely convinced by these amendments, I am afraid.

Lord Grantchester: I thank the noble Lord, Lord Carrington, for returning to the subject of crisis management in his amendments. The clauses in Chapter 2 bring further into domestic legislation the powers that the European Commission exercised to provide emergency assistance in extreme market circumstances. The Secretary of State may modify the retained direct EU legislation from the withdrawal Act. This would usually involve intervention on storage. At this stage, once again, as I join another day’s proceedings on the Bill, I declare my interest as recorded in the register as being in receipt of funds from existing systems derived from the CAP.
We noted the Minister’s reply in Committee that
“farmers already manage the effects of fluctuating everyday weather conditions”,
and that the existing powers contained here and elsewhere
“are sufficiently broad to ensure that agricultural producers will be covered”
should it be necessary to provide emergency financial assistance
“due to exceptional market conditions”—[Official Report, 21/7/20; col. 2184.]
brought about by unforeseen economic, environmental or welfare factors.
The term “chronic conditions” is interesting, as this would suggest exceptional circumstances becoming endemic and longer lasting. This would suggest that the market would need to adapt on a wider basis after any exceptional market disturbances caused by economic or environmental factors had been provided. It would suggest that the adverse effect on the price achievable for agricultural products may not return to normal. This circumstance would become subject to far more extensive dialogue and analysis, and when such a situation may warrant the actions wanted by the noble Lord, Lord Carrington, needless to say it would be controversial and subject to much debate.
We understand that Welsh Ministers are aware of these details and have not drawn attention to any aspect with which they are uncomfortable. The Minister has advised the House that the Welsh Government have agreed to these provisions; that would be our position also. We are generally content with the current drafting. I thank the noble Baroness, Lady Scott, for her remarks, which reflect many of our thoughts.

Baroness Bloomfield of Hinton Waldrist: I thank noble Lords for their contributions to this short debate.
I recognise the concern to ensure that farmers in England and Wales are protected against acute and chronic disturbances, including those caused by natural phenomena. The exceptional market conditions powers could be used to address acute and severe market disturbances caused by natural phenomena, such as  extreme weather, so long as there is an adverse effect on the price achievable for one or more agricultural products. I hope that that reassures my noble friend Lord Northbrook.
The UK Government and Welsh Ministers are confident that the existing powers are sufficiently broad to ensure that agricultural producers will be covered should they need financial assistance due to exceptional market conditions caused by economic, environmental or other factors. The current Covid-19 pandemic is a disturbance caused by environmental factors and is exactly the type of exceptional circumstance that these new powers are intended to address. We could not have foreseen that this pandemic would be as wide-ranging or prolonged as it has been, and farmers could not have been expected to prepare for the disturbances in daily life that it has caused. I feel confident in saying that if these exceptional market conditions powers were at our disposal now, the Government could have used them to support farmers during these difficult times.
The particular powers in respect to England, in Clauses 18 and 19, and in respect to Wales, in paragraphs 6 and 7 of Schedule 5, are framed to deal with unforeseen short-term shocks to agricultural markets rather than chronic conditions. These powers allow Ministers to act swiftly to deal with a crisis situation. These amendments would lower that bar and risk creating open-ended powers that allow the Secretary of State to make payments to farmers in much wider and undefined circumstances.
In most cases, farmers already manage the effects of fluctuating weather conditions. There are also powers in existing legislation that allow the Government to act in exceptional circumstances to support farmers in the event of extreme weather conditions. For example, the Natural Environment and Rural Communities Act 2006 could be used to make one-off payments to farmers affected by extreme weather. In response to recent flooding, as my noble friend Lady McIntosh acknowledged, the UK Government launched a new farming recovery fund for England, using powers under the NERC Act.
I have some details about the fund because I was interested to find out why some claims were not being met. I am afraid that I do not have the numbers here for my noble friend but I commit to writing to her with the details of the scheme, which are quite complex, and to furnish the numbers on how many grants have been made available. When I write, I will of course let noble Lords have a copy.
The Government want to encourage farmers to manage their own risk and become more resilient to foreseeable and longer-term disturbances. Elsewhere in the Bill, there are provisions to support farmers to improve their productivity, as well as to provide financial assistance for the delivery of public goods. For example, the Government will help farmers to invest in equipment, technology and infrastructure, and will support high-quality research to promote innovation and productivity in agriculture, horticulture and forestry. Part 3 also sets out powers to strengthen fairness and transparency in the supply chain. This will enable food producers to respond more effectively to market signals, strengthen their negotiating position at the farm gate and seek a fairer return.
I hope that I have given sufficient reassurance and that the noble Lord will feel able to withdraw his amendment.

Baroness Finlay of Llandaff: I have received a request from the noble Lord, Lord McCrea of Magherafelt and Cookstown, to ask a short question of elucidation.

Lord McCrea of Magherafelt and Cookstown: To clarify, does the Minister believe that the term “exceptional adverse conditions” covers exceptional events such as extreme weather and serious diseases, which can cause major financial problems for farmers and food security? Does this Bill cover them?

Baroness Bloomfield of Hinton Waldrist: I assure the noble Lord that this Bill will cover those situations.

Lord Carrington: My Lords, I thank all noble Lords who have participated in this short debate and, of course, the Minister.
I say to the noble Baroness, Lady Scott of Needham Market, that, in moving this amendment, I have the support of the CLA, the NFU and the TFA, so it is a matter of general concern to all farming organisations.
We have heard several examples of problems that have required assistance, whether in Richmond, Sri Lanka or elsewhere. The contribution made by the noble Lord, Lord Inglewood, was extremely interesting. His emphasis on farmers’ reliance on income from farming is certainly something that we should bear heavily in mind, because that is what the whole industry is about; it is not about ELMs. As I understood it, the noble Lord’s concern was very much to do with making quite sure that the Government understand the cash-flow implications of these issues and the need to work fast to resolve them.
As has become clear from all the questions we have heard, my real point on this issue is that there is a lack of understanding of what is covered by this clause. The last question very much indicated that that is the case. However, we have received assurances from the Minister. I do not believe that it is worth my taking this any further, so I beg leave to withdraw the amendment.
Amendment 59 withdrawn.

Lord Faulkner of Worcester: We now come to the group beginning with Amendment 60. I remind noble Lords that Members other than the mover of the amendment or the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment or any other amendment in the group to a Division should make that clear during the debate.

  
Clause 20: Modification of certain retained direct EU legislation in connection with exceptional market conditions and for general purposes

Amendment 60

Lord Bruce of Bennachie: Moved by Lord Bruce of Bennachie
60: Clause 20, page 17, line 28, at end insert—“( ) Before laying regulations made under subsection (1), the Secretary of State must consult—  (a) the Scottish Parliament,(b) Senedd Cymru, and(c) the Northern Ireland Assembly.”

Lord Bruce of Bennachie: My Lords, in moving Amendment 60, I will also speak in support of my Amendment 92, to which the noble Baroness, Lady Humphreys, and the noble Lord, Lord Thomas of Gresford, have added their names. Both amendments have a similar purpose, although Amendment 92 is put in stronger terms.
Amendment 60 relates to the Secretary of State’s powers to make regulations regarding markets and storage in the event of exceptional market conditions. While these powers, if used, would apply to England, the implications for agricultural sectors in the devolved parts of the UK could be significant, as much of the output—certainly a significant amount of it—of farms and food processors in the devolved areas is marketed to and through England.
The Bill gives the Secretary of State the power to provide financial support or make regulations where there are exceptional market conditions, described as “a severe disturbance” or the threat of such, in agricultural markets. That could create a situation where financial support for English producers, or regulations inhibiting non-English producers, disadvantages producers from other parts of the UK. That could arise without deliberate intent, so I argue that it is in the interests of the Secretary of State to accept Amendment 60, which would require him or her to consult the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly.
Amendment 92 refers to the powers of the Secretary of State to make provision about the standards to which a wide range of products must conform. The clauses in the Schedule are far-reaching in their applications, covering, among many other things, farming and production methods, labelling and packaging, species, plant variety and breeds. The regulations could impose conditions on market entry, record keeping, inspection, and search and seizure, and could apply penalties, including fines and confiscation.
Scotland, as an example, exports over £1.6 billion of food products to the rest of the UK, and that is included in £4.7 billion of food and drink exports to the rest of the UK. So significant disruption would have serious implications for markets on both sides of the border, especially, but not exclusively, if imposed at short notice. Wales and Northern Ireland also look to England as the market for a significant part of their output. Across the devolved Administrations, agriculture is a more significant part of the economy than is the case in England, although it is clearly as important in some regions of England. Any unilateral changes to market storage, transport or standards regulations for England could have a serious impact on the devolved areas.
Amendment 60 would require the Secretary of State to consult the three devolved legislatures before implementing changes. I hope the Minister will agree that that is the minimum requirement and should be in everyone’s interest. Without the amendment, we only  have the assurances of Ministers that they would not normally proceed without such consultation. I suggest that it would show more good faith if that were a legal requirement.
Amendment 92 goes further and, I suggest, tests an approach that might return in the Trade Bill and almost certainly will be in the internal market Bill. The possibility of radical changes to what can be marketed in England, and how it can be marketed, could be extremely disruptive to producers in Scotland, Wales and Northern Ireland, and, I suggest, should not be proceeded on without their consent. The amendment qualifies this to avoid giving any one devolved Administration a veto by saying that if two out of three Administrations object then the measures should not proceed.
The contentious nature of a number of Bills currently before Parliament requires some serious thinking as to how the devolution settlement can be protected rather than being ridden over roughshod. Yes, the amendments apply to English regulations, but regulations that have implications for the whole of the UK. In other Bills, the Government are going much further and effectively excluding the devolved Administrations, which is negligent or downright provocative. Some form of qualified majority voting should be considered, and the noble and learned Lord, Lord Hope, has mentioned that in previous debates. I believe this amendment could be seen as a test run for that because we need to give this issue serious consideration.
I am pleased that these amendments have been welcomed by NFU Scotland, which points out that this House’s Constitution Committee concluded that
“overlapping competencies in agricultural policy must be negotiated and managed by the UK and devolved administrations.”
NFU Scotland continues in its brief:
“NFUS is a keen advocate of commonly agreed frameworks, established between the four UK administrations to transpose powers repatriated from the EU into domestic law, within an appropriate governance framework. NFUS believes that finding consultation and consensus on issues which are primarily devolved, but which have implications for the UK internal market, is absolutely vital. As such, NFUS supports amendments 60 and 92 in the name of Lord Bruce of Bennachie, which would secure the consent of the devolved administrations before making changes to regulations on EU legislation in connection with exceptional market conditions; and marketing standards.”
Incidentally, NFUS also comments:
“The Constitution Committee has also recommended that Part 6 of the Agriculture Bill, relating to WTO compliance, should require the Secretary of State to consult the relevant devolved administrations prior to making regulations for securing compliance with the WTO Agreement on Agriculture.
NFUS entirely agrees with this recommendation, having taken legal advice during the passage of the 2017-19 Agriculture Bill which found that a UK Secretary of State could, in the future, exercise an ability to set limits on the amount of domestic support which could be targeted at specific measures that Scottish Ministers may seek to apply in Scotland to meet their objectives, and that these limits could be set at a lower ceiling than what is currently the case under existing arrangements. NFUS believes that it would compromise the devolution settlement for unilateral decisions on financial ceilings to be taken by the Secretary of State without prior consultation and, crucially, the agreement of the devolved administrations.”
I appreciate that an amendment on this has not been tabled, although I considered it, but it reinforces the case for the Government to tread carefully on the  sensitivities of devolution which this Bill, and other Bills the Government are seeking to pass, simply fail to do. If the Government are serious about defending what they call “our precious union”, they need to find ways of ensuring that the devolution settlements are not put into reverse. These amendments are designed to provide appropriate safeguards.
I do not accept that this Bill represents a power grab, but I believe that it undermines the existing devolution settlement by giving the Secretary of State—who is effectively the Secretary of State for England—the ability to set regulations that could seriously affect the devolved Administrations, and to interfere directly in the devolved Administrations in ways where the reverse is not the case. I believe these amendments would give the Government the opportunity to prove not just the assurances that they are prepared to give at the Dispatch Box but good faith by putting these commitments in the Bill. I beg to move.

Baroness Ritchie of Downpatrick: My Lords, I support Amendment 109, which is tabled in my name. A similar amendment was considered in Committee, but I wish to probe the Minister further on this issue. The noble Lord, Lord Bruce, rightly mentioned the role of devolution and its importance among our devolved nations and regions.
For us in Northern Ireland, the Agriculture Bill mainly contains provisions setting out the future agricultural policy framework for England. However, a number of provisions apply across the UK and some apply specifically to Wales and Northern Ireland. The powers in Clause 45 and Schedule 6 have been included to provide a legal basis to continue existing farm support measures following exit from the EU. The schedule allows the Northern Ireland department to modify direct payment regulations to simplify and improve how they operate in Northern Ireland. The schedule was developed when the Northern Ireland Executive was not functioning, and as a result many of the powers are intended to provide flexibility to develop future agricultural policies to meet local circumstances. Thankfully, the devolved institutions in Northern Ireland and devolved arrangements were restored in January this year.
While the schedule provides much needed certainty in the short term, Northern Ireland is still left without a long-term vision of how agriculture and the environment will be supported in future, with no clarity around what outcomes a future policy framework should aim to deliver. This is despite widespread recognition from stakeholders that the current system is not fit for purpose.
Northern Ireland is facing considerable challenges. Northern Ireland’s economy is largely agricultural, so the challenges centre around species and habitat loss, agricultural and greenhouse gas emissions, poor water quality and market volatility, among others. The way in which we manage and use land will directly impact upon our ability to mitigate and adapt to climate change, as well as to meet other environmental commitments. There is a need to reform how we farm and manage our land, and to move towards a resilient, profitable and environmentally sustainable farming sector. The need to outline the future direction of travel for Northern Ireland is of paramount importance.
There is a need for timebound provisions for Northern Ireland, which the Minister argued against in Committee. Currently, a risk exists that the provisions within the Northern Ireland schedule could continue indefinitely. This would result in the long-term continuation of direct payments in their current form, which have been criticised by a range of stakeholders and do little to address the numerous crises facing farming and the environment. Although the Northern Ireland department has undertaken valuable work with a range of environmental and agricultural stakeholders on the development of a draft future agricultural policy framework, the direction of travel remains unclear. While the provisions within the Northern Ireland schedule are similar to those which apply to Wales, there is an important difference. The Welsh provisions will expire in 2024, but there is no sunset clause outlined in those relating to Northern Ireland, hence my amendment, which has been supported by other noble Lords.
This is largely because the Northern Ireland schedule was created in the absence of an operational Assembly. This is important, as the presence of a sunset clause relating to the Welsh schedule creates an onus on the Welsh Government to develop domestic legislation in a timebound manner. The absence of a sunset clause in the Northern Ireland schedule creates a risk that the development of a future agricultural policy framework for Northern Ireland will be further delayed. This sunset clause is supported by the Committee for Agriculture, Environment and Rural Affairs in Northern Ireland, which has already communicated that. We are of the firm belief that Northern Ireland needs a bespoke, sustainable land management policy, legislated for in the form of a Northern Ireland agricultural Act, which would obviously have to be brought forward by the Northern Ireland Executive and Assembly. As long as these provisions are contained in Schedule 6 and in this errant Bill—so to speak—that acts as a break upon the Northern Ireland department and prevents or dissuades it from bringing forward such a policy.
I urge the Minister to review the situation in relation to this and to talk to the Northern Ireland Agriculture Minister. I would be extremely grateful if he could see what can be done. He might then consider tabling a government amendment to that effect at Third Reading, because the bottom line is that we need to set our own agriculture policy and frameworks now that we have a devolved settlement in Northern Ireland. We want to encourage and underpin that, and to ensure that an important sector of our economy is facilitated to do just that.

Baroness Humphreys: My Lords, I support Amendments 60 and 92 in the name of my noble friend Lord Bruce, and have added my name to them. As he has already said, Clause 20 gives the Secretary of State the power to modify the retained direct EU legislation for England relating to public intervention and private storage aid, and, as the report of the Delegated Powers and Regulatory Reform Committee points out, this power is replicated for the Welsh Ministers.
I welcome these powers, of course, as it cannot be expected that legislation should remain relevant in perpetuity; as time passes and situations change, the requirement for legislation to be modified will become  inevitable. But nowhere in this clause is there a recognition that, with all four countries in the UK having the power to modify and intervene, a mechanism will be required to ensure that a decision taken by one country does not have an adverse effect on the other three countries of the UK. Nowhere is there a recognition that a mechanism will probably be required to avoid or resolve disputes. My noble friend’s Amendment 60 highlights the issue and offers a solution.
The DPRR Committee’s report on the Bill refers to the devolved Administrations at a number of points in its deliberations on Clause 20. For example, in its reference to the ability to repeal or phase out market intervention schemes for England, it says:
“Such a decision would require further discussions with the devolved administrations.”
Throughout this section of the report, the language might seem rather tentative but the implication is clear: discussions and consultations need to happen.
I appreciate that this part of the legislation, together with Clause 35 on marketing standards, which Amendment 92 addresses, applies to England only. But a recognition of the vital lead role that it plays in the UK should be highlighted. If England, through the UK Parliament and as the largest of the four nations, is seen to adopt a co-operative and collaborative approach, that will be reciprocated. If it adopts an indifferent or belligerent attitude, that, too, will be reciprocated, and will add fuel to the increasing calls for independence emanating from both Scotland and Wales.
As my noble friend has already stated, the Constitution Committee of your Lordships’ House concluded that overlapping competencies in agricultural policy must be negotiated and managed by the UK and devolved Administrations. This is a view echoed by Jeremy Miles, Counsel General for Wales and Member of the Senedd. In an article yesterday addressing the UK single market, with comments equally relevant to today’s debate, he makes it clear that the Welsh Government
“have no issue with the objective of ensuring that a UK internal market can work smoothly after the end of EU transition.”
He points to the fact that the Welsh Government were the first to highlight the need
“to develop a new form of joint governance … in order to manage the intersection between devolved competence and the internal market.”
Ignoring the rights and powers of the devolved Administrations or, even worse, attempting to take some of those powers back from them, as we see in the internal market Bill, is, quite frankly, a lazy way of legislating. Co-operating with one’s neighbours takes time and effort; valuing them takes even more time, and an added pinch of humility, but the outcome can be far more positive for all concerned. This is a really important issue for Wales and the other devolved Administrations, and I hope that the Minister recognises this. I shall listen carefully to the nature of his response, as I suspect that it will set the tone for government responses to devolution issues in other upcoming Bills. I hope that he can give me the reassurances I look for on behalf of the people of Wales.

Baroness Bennett of Manor Castle: My Lords, I speak in support of Amendment 109, in the name of the noble Baroness, Lady Ritchie of Downpatrick, to which I have attached my name, and I also wish to express my support for Amendments 60 and 92.
On Amendment 60, which concerns a promise to consult, as the noble Lord, Lord Bruce of Bennachie, indicated, the Government have said that that commitment has already been made, so surely it would not be too difficult to agree to put it on the face of the Bill. Securing consent would be stronger, and to avoid conflict or rows, and to make things clear, transparent and open, surely that would be the best way forward.
To address primarily Amendment 109, the absence of a sunset clause in the Bill as it currently stands presents a risk that Northern Ireland will be left with basic payments regulations indefinitely. A sunset clause such as proposed would create an expectation that Northern Ireland’s Government would develop their own specialised agriculture legislation and a fairer, more environmentally friendly alternative to the basic payment scheme. Of course, they could just decide to roll over the existing provisions in 2026. The amendment, or something like it, would not force action but would open up a democratic window and opportunity for debate about action.
In yesterday’s debate on the immigration Bill, the Government Benches spent a great deal of time expressing a desire for non-discrimination. Surely this proposed new clause would put Northern Ireland on the same footing as Scotland and Wales in deciding agricultural policy. This is non-discrimination that should surely apply in this crucial case, given that agriculture is very important to the economies of all three of those nations.
As the noble Baroness, Lady Ritchie, said, the absence of a sitting Assembly from 2017 to 2020 meant that little consultation took place on this issue, but the Committee for Agriculture, Environment and Rural Affairs, in a single day of very packed evidence on a number of issues, said that it wanted this sunset clause, and that is surely where the Government should take their guidance from. It recommended a timescale of 2024, but in terms of the electoral cycle there are good reasons to provide a bit more time. Your Lordships certainly know how long these considerations can take.
In the interests of ensuring that the Minister does not feel too uncomfortable, I shall not refer specifically to internal market issues, which have been creating difficulties for some of his colleagues, but I hope that the Government will take on board this call. It is not political, except in the broadest sense of seeking to ensure that the people of Northern Ireland have democratic control over their own future. Amendment 109 would provide flexibility and the opportunity for action, and I commend it to the House.

Lord Thomas of Gresford: My Lords, these powers under Chapter 2 of Part 2 of the Bill make a declaration that exceptional market conditions which trigger financial assistance of a varying kind are to be exercised by the English Minister by way of regulations made under the negative procedure. That means that they will escape extensive parliamentary scrutiny, as we are well aware.
The sort of market conditions that Clause 18 has in mind is where there is a severe disturbance or a threat of such disturbance to agricultural markets that would have such a significantly adverse effect on producers in England as to constitute exceptional market conditions. That is to be judged by the limited criterion of the prices farmers receive for the sale of their agricultural produce. It is made clear in the Explanatory Notes that the devolved Administrations in Wales and Scotland have the ability, under their devolved powers, to make similar arrangements within their own jurisdictions. The noble Baronesses, Lady Ritchie of Downpatrick and Lady Bennett, have outlined the unsatisfactory position in Northern Ireland, and I support their call for clarity. However, I suppose that that is the reason it is thought these clauses do not require legislative consent from the Welsh Senedd or the Scottish Parliament —let them do their own thing.
But of course, if exceptional market conditions exist in England, they are bound to have an effect, certainly in the borders of Wales that I know best. I recall that Welshpool was once the largest market for sheep in Europe, but there are equally strong markets in both Oswestry and Shrewsbury, and what happens in one affects the others. I remember that when I was chair of Marcher Sound, broadcasting to north Wales and Cheshire, our farming report every morning at six o’clock broadcast the price of hoggets in markets on both sides of the border. This was vital early intelligence as I headed for the London train.
It seems common sense that introducing financial assistance to English farmers under Chapter 2 would have a vital effect on prices and risk unfair competition. Moreover, agriculture is a significant part of both the Welsh and Scottish economies, as the noble Lord, Lord Bruce of Bennachie, pointed out. Surely decisions of this nature should be subject to consultation with, and consent by, the devolved nations. I have no knowledge of the markets of Carlisle and Berwick, but I have no doubt that there would be serious financial implications for those agricultural markets, and equally for those in Northern Ireland.
It may be suggested that exceptional market conditions could be so exceptional that an English Secretary of State would have to move quickly with no time for consultation, but surely he would move and should move in step with the devolved Administrations, and certainly not with any of the belligerence to which my noble friend Lady Humphreys referred.
The Minister will recall that, at the Second Reading and Committee stages of this Bill, I raised the issue of internal markets and price stability, not knowing that the now infamous Internal Market Bill was about to be unveiled to the world. Did the devolved Administrations know of the contents of that Bill? Their alarmed reaction demonstrates that they did not. It is a Bill that is perceived to be a unilateral grab at former EU powers which ought to be directed immediately to the devolved Administrations, and I promise that I will not even mention the attack on the rule of law.
The Government sometimes tell us that we have already left the EU, so get over it. Well, devolution is a fact of 20 years’ standing, and it is about time that the Government understood that one of its main implications is the need for consultation and consent. There is a  limit to the extent to which lack of time can be pushed when there is no consultation. As the whole country knows, the reason for the rush and haste and us being here until midnight discussing this Bill is due to the hazard which this Government chose to construct for themselves. I support Amendments 60 and 92 in this group, and I look forward to the Minister’s response.

Baroness McIntosh of Pickering: I should like to speak to Amendment 109 in this group and I congratulate the noble Baroness, Lady Ritchie of Downpatrick, on bringing this point to the attention of the House. This part of the Bill, which concerns the devolved nations, is a particularly grey area as regards how it is to be administered. The noble Baroness and the authors of other amendments in this group have done the House a service by throwing light on these issues. I had hoped to put my name to Amendment 109, but I was not surprised to see how much support the noble Baroness, Lady Ritchie, has had.
I want to pay tribute to the noble Baroness’s work in this regard. She is a former Member of and was a Minister in the Northern Ireland Assembly and she was a great support to me in the Select Committee on Environment, Food and Rural Affairs in the other place. Rather unnervingly, she was always in her seat before I took my place, which is a little disconcerting when you are chairing a committee. I am sure that she will play a prominent and active role in the new Select Committee on Common Frameworks Scrutiny, to which she has just been appointed, and I congratulate her on that.
I hope that my noble friend the Minister will have regard to the concerns that have been raised in this group of amendments. He and I have had conversations before on the common frameworks and what progress has been made on them, so I will pay close attention to his response. Once again, I thank the noble Baroness, Lady Ritchie, for bringing forward her amendment in this group.

Lord Alderdice: My Lords, I am delighted to support the noble Baroness, Lady Ritchie of Downpatrick, along with other noble Lords, in Amendment 109. As usual, she has set out the arguments clearly and in substantial detail, and I do not intend to rehearse what she has already said. However, on 23 July, I made a number of points when we were discussing a similar approach to these things in Committee. I want to repeat some of those and add to them because the situation has changed and developed in a very unhelpful way.
The first thing that I pointed out—and I point it out again because it is increasingly relevant—is that Ministers in the devolved institutions are serious decision makers in their own right. They are not simply to be rule takers from somewhere else. The Government have been very strong about not being rule takers from somewhere else.
Secondly, in trying to ensure that Northern Ireland representatives continue to work together, despite their difficulties and differences over constitutional questions, this is an opportunity for them to be encouraged to  work together on the practical issues in what is still the largest industry in Northern Ireland—agriculture. And it is, of course, a cross-border industry. The agri-food industry ensures that many of the products are dealt with on both sides of the border and, therefore, cross-border co-operation is vital.
Thirdly, it is clear that there will be developments in the relationship between Northern Ireland and the Republic of Ireland over the next number of years before 2026, when this sunset clause is intended to become active.
I said that on 23 July but could not have contemplated that the Prime Minister might take action and decisions that would disturb and indeed disrupt developments on the island of Ireland in the way that has been done with the Internal Market Bill. This has been referred to by my noble friend Lady Humphreys. The noble Baroness, Lady Bennett of Manor Castle, said that she did not intend to bring in a political dimension, but I hope that the Minister understands that in Ireland it is wholly impossible not to do this. It is not merely an internal matter. Nor is it even a matter of Brexit. It is a matter of relationships between Britain and Ireland that go back to previous agreements—the Good Friday agreement, the Anglo-Irish agreement—and to the very delicate and nuanced framework of relationships developed over years, at great cost and sacrifice, including even the physical sacrifice of people’s lives. It is not to be tampered with and tossed around lightly.
I hope that the Minster understands the deep concern there is in Ireland, north and south, about what is happening with the Internal Market Bill. It is also important to find out that the people of Northern Ireland made quite different decisions—as, indeed, did the people of Scotland—about the approach to their future relations with those outside the United Kingdom. That was the case with people in England and Wales. However, somehow or other, this seems to have been tossed aside.
One way of trying to ensure that there is an appreciation of the sensitivities and difficulties that this raises would be to pass Amendment 109, because it would point out that Her Majesty’s Government recognise that it is crucial for the people of Northern Ireland through their representatives to make their decisions about the future of their most important industry—an industry whose production and marketing require co-operation not just within the internal market of the United Kingdom but throughout the island of Ireland.
I am happy to support the amendment of the noble Baroness. I am just unhappy that it has to be done in such disruptive circumstances.

Lord Naseby: My Lords, as a number of Members have said, this debate is in the context of exceptional market conditions. I had the privilege in 1979 of being a PPS in the Northern Ireland Office and spending many happy hours in Northern Ireland, where it really comes home to one that agriculture is absolutely vital to that part of the United Kingdom.
I shall make the simple point that, as one who was responsible for a fair amount of drafting in another role in the other place, it seems that officials would much prefer to have an automatic reference in a Bill  than an implied one, particularly when it is in sensitive areas. For instance, we are likely to see changes because of climate change. To take an example that I used earlier, who would have thought 20 years ago that Sussex and Kent would be competing in the viniculture market, with enormous opportunities to export? There may well be other developments because of climate change that happen in just a section of England and, unless they are automatically referred to the other three devolved Parliaments, we may find that they too have micro-industries in their particular part of the UK.
That just seems sensible in Amendment 60. I am not going to be tempted to go to Amendment 109 and I actually think Amendment 92 is wrong.

Baroness Wilcox of Newport: I am grateful to the noble Lords who tabled or supported the amendments in this group, which raise various issues relating to devolved competence. Amendment 60 makes what seems a very sensible suggestion of consulting the devolved Administrations before laying regulations under Clause 20. Given that certain modifications to retained EU legislation are likely to impact on the devolved nations, perhaps on some more than others, it seems perfectly right that there should be a formal consultation requirement. However, I note that even formal consultations on many important matters have not been taking place as regularly or as needed in other matters, and I urge the Government to work much more proactively in this manner.
For the past 20 years, we have had three other legislatures in the UK, and none of the new laws resulting from our withdrawal from Europe should be an opportunity for a power grab of devolved responsibilities back to Westminster. I am therefore glad to see that Amendment 92 proposes a requirement for the devolved Administrations to consent to any regulations being made under Clause 35 on standards relating to the marketing of agri-food products. While we would certainly welcome a mechanism for meaningful consultation, we recognise that a requirement for consent could, in certain cases, delay the implementation of important changes to marketing standards.
Amendment 109 in the name of the noble Baroness, Lady Ritchie of Downpatrick, my noble friend Lord Hain and others proposes a sunset on the Northern Ireland provisions contained in Clause 45 and Schedule 6. As the noble Baroness noted earlier, Northern Ireland has an economy based largely on agriculture and needs a long-term future policy framework without further delay. The case has been strongly made for that amendment and I look forward to the Minister’s response in relation to it.

Lord Gardiner of Kimble: My Lords, this has been a very interesting and thought-provoking debate. I would like to open by setting out a little background, because I think a lot of this would be helpful. The UK Government have been working closely with the Welsh Government, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland—DAERA—and the Scottish Government to develop a UK agricultural support framework. My noble friend Lady McIntosh made this point. We expect to be able to agree this soon.
Defra Ministers already meet our devolved Administration counterparts on an almost monthly basis as part of the inter-ministerial group IMG EFRA, where any modifying of legislation can be discussed. In addition, there are already good working relationships in place within the Defra situation—particularly, from my direct knowledge, between the devolved Administrations. If I am allowed to say so, I very much respect Lesley Griffiths, who is a Minister in Wales. For example, the IMG EFRA meeting, which takes place almost monthly, is used as a forum for discussion on policy changes. The Government intend to keep the devolved Administrations informed on any early thinking on possible policy changes to marketing standards in England.
I also agree with the tenor of this debate, and I want to raise what the noble Baroness, Lady Humphreys, said about collaboration and tone. That is absolutely key, particularly in Northern Ireland, Wales and Scotland, where agriculture is such a strong feature of national life. I would like to think of England as a rural country but, my goodness, in Northern Ireland, Scotland and Wales it is at the core of the national economy.
Thinking of Amendment 60, the UK agricultural support framework includes crisis measures, public intervention and private storage aid for collective discussion to ensure there is an opportunity for any concerns to be raised about the effect of changes in one part of the UK or another. The UK Government work collaboratively with devolved Administrations on this matter, and I will give a complete assurance that it is in everyone’s mutual interest that that continues and is successful.
Amendment 92 seeks to ensure the Secretary of State would need to secure consent from devolved Administrations before laying regulations under Clause 35(1). Clause 35 allows the Secretary of State to make regulations on marketing standards for products marketed in England only, so it would not be appropriate for devolved Administrations to be able to veto these England-only changes, which would be the effect of this amendment. In the same way, we have not taken provisions to require the UK Government to consent to change in devolved areas.
I say this because the UK agricultural support framework states that Administrations should refer all planned changes in marketing standards for collective discussion to ensure that there is an opportunity for any concerns to be raised about the effect of changes to standards in one part of the UK or another. The Government think that is the best way forward. It is a way we can collaboratively and collegiately work on such an important issue—the agricultural framework.
Everyone knows that agriculture is devolved, and the Welsh Ministers in DAERA under this Bill have taken powers themselves in Schedules 5 and 6 respectively. Wales can modify retained EU law itself under paragraph 8(2) of Schedule 5, and Northern Ireland under paragraph 2 of Schedule 6.
Turning to Amendment 109; I have thought about this a lot because perhaps there is some confusion at my end. I have heard words such as “parity” on this matter, and a number of noble Lords from Northern Ireland have spoken. My understanding is that the Northern Ireland Assembly has debated and agreed  its legislative consent to the Bill. Therefore, we do not believe this Parliament should seek to override the constitutional view agreed by the Assembly.
Reference was made to the committee that recommended a sunset clause, but the Northern Ireland Assembly recommended the LCM without it. Our view, and I entrench this very strongly, is that it is for DAERA to decide and to liaise with the Assembly, not the UK Government. I am intrigued that we are seeking to impose a sunset clause when it has been made clear to me and Defra, as the honest brokers of this, that the Northern Ireland Assembly does not want to set an arbitrary date, and it will be for Northern Ireland to decide how and when it has a new agriculture Bill. We agree with that, and sometimes devolution means that we will have separate ways forward. That has been the LCM from the Assembly and DAERA, and we believe that the Agriculture Bill—of which, as I say, I have been the honest broker regarding the Northern Ireland schedule—gives Northern Ireland plenty of scope to involve its thinking on the delivery of agricultural support. I therefore tactfully suggest that, if we believe that this is a devolved matter, it is for the institutions of Northern Ireland to decide.
As I say, I am very happy to have further discussions—not because the Government will change that view but because I am interested in understanding why the noble Baroness, Lady Ritchie of Downpatrick, thinks that we in this Parliament should seek to change the wish of the Northern Ireland institutions. I would have thought that runs very much contrary to some of the very important things said by noble Lords about respect for devolution, the devolved arrangements—so far as agriculture is concerned—and the imperative of working together sensibly because we all have a vested interest in that.
The Government’s view is that, for the UK agricultural support framework—this covers all the things I have said about collective discussion and the way we want to work closely together while respecting the devolved abilities—the way forward is through this mechanism of a framework, which, I believe, has the best ingredients for it to work very well for the four nations.
I will respond to the noble Lord, Lord Bruce, and others on the first two amendments, as well as to the noble Baroness, Lady Ritchie of Downpatrick. It is precisely in these areas that I emphasise the respect for the devolved arrangements and, indeed, the respect that my ministerial colleagues have for their fellow Ministers, recognising their responsibility and ours to work collaboratively. It is in this spirit that I ask the noble Lord to withdraw his amendment.

Lord Faulkner of Worcester: I have received no requests from noble Lords to speak after the Minister, so I call the noble Lord, Lord Bruce of Bennachie.

Lord Bruce of Bennachie: My Lords, I thank all those who have spoken in this debate for their support for my amendments and the noble Baroness, Lady Ritchie, and noble colleagues who have spoken  on the Northern Ireland sunset clause so clearly and unequivocally. I believe that all three of these amendments are central to how our devolution settlement is to proceed.
The Minister is a face of government that we all find attractive: he is constructive and conciliatory, and I am sure that, given his background, when he talks about engagement and discussion across the devolved Administrations, he does it in entirely the style that we see here. However, I am afraid I have to say to him that there are other members of the Government whose style is far less conciliatory and can be abrasive.
We have legislation coming down the track that is absolutely crucial to the future of the devolution settlement, especially the Trade Bill and the United Kingdom Internal Market Bill, where it would appear that the Government, frankly, are bent on centralising control and weakening the devolution settlement. Given the point about agriculture being so important to the devolved Administrations, there is perhaps an opportunity in this Bill to put those markers down. Actually, I would have liked it if the Minister could have accepted Amendment 60; I accept that Amendment 92 was a tease for further discussion about some form of qualified majority voting.
However, with regard to just saying, “We consult; therefore, we do not need to consult”, I say that the time will come when some decision will be taken without consultation, and there will be no recourse because there is nothing in law to prevent it. That will be disruptive and a shame. The Prime Minister says that he is moving his legislation to protect the future of the union. The reality is that nobody threatens the future of the union more fundamentally than our current Prime Minister, and Ministers should understand that the precious union is very delicate at the present time.
Ministers need to reach out not just with reassurance but a willingness to create a mechanism, as my noble friend Lady Humphreys said, that will enshrine the way decisions are taken and disputes are resolved in ways that do not leave it—because this it is where the Bill leaves it—to Westminster and the English Secretary of State to override devolved decision-making. The Bill allows that to happen; these amendments were designed to prevent that happening, and I regret—but am not entirely surprised—that the Government have not accepted them. However, I can assure him—and I am sure that other noble Lords will agree with me—that these issues will return in spades in the debates we will have on the coming legislation between now and Christmas. In the meantime, I beg leave to withdraw my amendment.
Amendment 60 withdrawn.

Lord Faulkner of Worcester: We now come to the group beginning with Amendment 61. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or the other amendment in this group to a Division should make that clear in debate.

  
Clause 27: Fair dealing obligations of business purchasers of agricultural products

Amendment 61

Baroness McIntosh of Pickering: Moved by Baroness McIntosh of Pickering
61: Clause 27, page 22, line 4, leave out “may” and insert “must”Member’s explanatory statementThis amendment requires the Government to provide regulations for fair dealing obligations of business purchasers of agricultural products.

Baroness McIntosh of Pickering: My Lords, I rise in the absence of, and at his request and with his permission, the noble Lord, Lord Empey, who has been unavoidably called away and sends his apologies. His two amendments refer to Clause 27. They are minor amendments but would have significant consequences.
The clause relates to fair dealing obligations of business purchasers of agricultural products and enables the Secretary of State to make regulations in respect of them. The regulations may be sector specific or in general terms. As we learn from the Bill’s Explanatory Notes, the Bill provides the Secretary of State with the power
“to make regulations to introduce obligations that promote fair contractual relationships between primary producers, producer organisations, associations of producer organisations, produce aggregators and the business purchasers of their products.”
Obviously, there is a great desire for fairness and for protection from unfair trading practices.
At the kernel of the two amendments from the noble Lord, Lord Empey, is a wish to ensure a better relationship between the processors, the supermarkets and primary producers. I am sure that this is a concept with which all noble Lords agree. Rather than press his amendments at this stage, he seeks to ensure that we enable primary producers to make the investments they wish to make to meet the new responsibilities they face as set out in Clause 27.
The noble Lord, Lord Empey, went to great pains to state, and I am sure that he has reassured my noble friend the Minister of it, that rather than press the amendments to a vote at this stage, he is grateful for the opportunity to set out the views expressed in them and seeks an early meeting with the Minister if it would be possible. I beg to move.

Baroness Scott of Needham Market: My Lords, I had an exchange of emails yesterday with the noble Lord, Lord Empey, to make sure that I understood his amendments correctly. He basically put it to me that he wishes to place an obligation on government rather than for it to have a discretion, which is as the Bill is drafted, to make regulations on fair dealing. I have told him that I support the fair dealing provisions in the Bill—I said so in Committee—particularly with regard to food waste, which is often in effect forced on farmers, making them less competitive and environmentally more wasteful, by the requirements of supermarkets, which I do not think is fair dealing. I am all in favour of that, but I am less convinced about the placing of such an obligation on Ministers. However,  these issues can be well discussed in the next set of amendments, about the role of the Groceries Code Adjudicator.

Lord Grantchester: I thank the noble Lord, Lord Empey, for his amendments, for the significance in which he holds them as necessary for the Bill, and for leading the House in returning to Clause 27 on fair dealing obligations. I am sorry he has not been able to stay tonight to make his case due to personal circumstances, and I hope all continues well. Nevertheless, I thank the noble Baroness, Lady McIntosh, for stepping in and moving his amendment. I concur with much of what she said. The distribution of market returns from food between the primary producer and the rest of the supply chain, especially in regard to the retail sector, certainly appears unbalanced. The proportion returned to the farmer has steadily declined over many years.
That regulation is needed to ensure further provision to introduce a greater measure of fair dealing obligations on the supply chain is recognised in Clause 27. Following the establishment and workings of the Groceries Code Adjudicator, the specific task of monitoring relationships between the UK’s largest supermarkets and their direct suppliers has proved very effective. I would go so far as to say it has proved critical in delivering effective change down the supply chain.
We would not be able to support the noble Lord should he wish to press his amendment. The specific details of each statutory code are being developed in consultation with industry and will be set out in secondary legislation. It will be extended across all sectors of agriculture. This is already in progress.

Baroness Bloomfield of Hinton Waldrist: My Lords, I am grateful to my noble friend Lady McIntosh for introducing this amendment on behalf of the noble Lord, Lord Empey. I confirm that my noble friend Lord Gardiner has agreed to meet the noble Lord, Lord Empey, at the earliest opportunity.
There is no doubt that the Government will use these powers. The introduction of fair dealing obligations is vital in the creation of a more equitable supply chain. This is a point on which there is wide agreement. However, the Government believe it is equally important that these obligations are appropriate and proportionate and produce the right outcomes.
To ensure this, the Government intend to consult industry before regulations are made, to ensure that they are properly tailored for the issues at hand. In this regard, a UK-wide consultation exploring contractual issues in the dairy sector has recently been concluded. The consultation invited a broad range of views about future regulations, asking specific questions about various issues. Some of these issues, such as contractual exclusivity, are almost unique to the dairy sector. The Government intend to repeat this approach for any future exercise of the powers in Clause 27, allowing the views from industry and other stakeholders, often about very detailed sector-specific issues, to inform final decisions.
The introduction of blanket obligations across the whole of UK agriculture would hinder the ability to reflect the specific nuances of each sector and potentially fail to address the specific problems experienced by  particular types of producer. Also, given that certain agricultural sectors are far better integrated than others, comprehensive obligations could ultimately lead to provisions being introduced into sectors where they are simply not required.
I hope I have given sufficient reassurance and ask my noble friend to withdraw the amendment on behalf of the noble Lord, Lord Empey.

Baroness McIntosh of Pickering: I am most grateful to those who have contributed to this debate and am sure the noble Lord, Lord Empey, is grateful for the opportunity to have put forward his views and the sentiments described in these two amendments.
My noble friend is absolutely right that the consultation with the interested parties that has just concluded will be crucial in the development and implementation of the regulations. It would be helpful to have confirmation that these responses will be available on the web so that we can look at them when it comes to implementing regulations before the House at that time.
At this moment, given the confirmation of a meeting with my noble friend Lord Gardiner, I am sure it is the wish of the noble Lord, Lord Empey, with the leave of the House, to withdraw the amendment.
Amendment 61 withdrawn.
Sitting suspended.

Baroness Finlay of Llandaff: I remind noble Lords that, other than the mover of an amendment or the Minister, Members may speak only once and that short questions of elucidation are discouraged. Any Member wishing to press this or anything else in this group to a Division should make that clear in debate.
Amendment 62 not moved.

Amendment 63

Lord Grantchester: Moved by Lord Grantchester
63: Clause 27, page 23, line 15, leave out “a specified person” and insert “the Groceries Code Adjudicator”Member’s explanatory statementThis amendment is intended to ensure that the role of regulating agricultural contracts is given to the Groceries Code Adjudicator’s office.

Lord Grantchester: I thank the noble Baroness, Lady Bakewell of Hardington Mandeville, the noble Lord, Lord Curry, and my noble friend Lord Whitty for adding their names to this amendment and to many of my following amendments, which introduce the office of the Groceries Code Adjudicator as the mechanism by which these fair dealing provisions under Clause 27 will be administered. At this stage I will mention that the noble Lord, Lord Curry, asked me to express his disappointment that he has had to leave tonight because of the late sitting of our proceedings; he cannot get home without leaving immediately. He would have liked to have been present to make his remarks on this important series of amendments to this clause.
I introduced these amendments in Committee as probing amendments to draw out from the Government how they expected to take these provisions forward. As with many features of this framework Bill, so much of the detail and the governance arrangements are not being made explicit in the Bill.
That these provisions have been recognised as needed and necessary to the better conduct of a fair market is something that the Government can be congratulated on. The debate in Committee underlined how effective the GCA Act has been in setting out and policing business practice in the GSCOP, which now regulates the behaviour of the retail industry, which must abide by it in its relationships with its direct suppliers. There was universal praise for Christine Tacon on how she, as the adjudicator, successfully encouraged effective change to become embedded down the supply chain.
In response, the Minister explained that his department, Defra, would be the lead department in delivering these obligations. The Government intended to commence these regulations agricultural sector by sector, starting with the dairy industry. This has already started, with a consultation on the operation of contracts that is drawing to a close next week, as I understand it, on 24 September—that is, three months after the opening of the consultation in June. However, I may be corrected, as on a previous amendment the noble Baroness the Minister said that it has already closed. That it is on the cusp of closing or has already closed is regrettable in that we are not able to deliberate on the consultation in our considerations on the Bill.
I table these amendments again to give the House a chance to debate these important provisions and reflect further on the Government’s approach. I state again that Clause 27 is a very bold and ambitious step that the Government have taken. I express concern that, although the groceries code has proved very effective in stabilising fair dealing provisions in the retail sector, difficulties remain regarding whether this was the appropriate mechanism to cover the whole of the supply chain: the service sector as well as the retail sector, the widespread diversity of food products in the supply chain and how they are delivered across many forms of enterprise and business practice.
The Government are undertaking a huge task and care must be taken, as a one-size-fits-all regulatory regime may not fit all in the appropriate manner. The problems and solutions in one sector and the relative merits in the behaviour of various participants may not be suitable to be applied across the board to all sectors, each with differing market imperatives, regarding how the various markets may be made to work more effectively. That there is an imbalance in negotiating power between the primary producer through the processing, manufacturing and product development supply chain and the end market is not in doubt.
I shall not press these amendments tonight, nor support other amendments, including Amendment 87 should it be pressed. The Government have set out on the task and already started a consultation with the dairy sector. As I set out in Committee, I was concerned that these provisions had a narrow focus on contracts. Indeed, Clause 27(1)(a) specifically addresses contracts. Fair dealing provisions should examine the business  relationship in its widest implication and interpretations that encompass many various circumstances that arise in primary production. However, it must be recognised that a first step is being taken, and it is starting at a very pertinent point—the contract.
In the interval between Committee and Report over the Summer Recess, I spoke to many in the dairy sector, especially those at the foot of the supply chain—the dairy farmer and his or her processor. I can tell the Minister that the department’s consultation has been widely promoted among the many sections of the industry: the farmer, the producer group representing the farmer’s suppliers, and the processing industry. Many have shared their submissions with me, and I am sure that the Minister’s department will receive a widespread response. Here and now is perhaps not the place to debate this further; I will add merely that the voluntary code of practice—VCOP—in contracts, introduced in 2012, has proved ineffective in improving fairness and transparency on a wider scale and, as has been experienced during this pandemic, urgency is needed to tackle the problem more extensively and in a comprehensive fashion.
I also note that this is a widespread problem throughout the industry that now extends across borders, with the overseas ownership structure covering the dairy industry in both the UK and Europe. The EU is also pressing on with its solutions, through directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chains. Can the Minister make any comment, even though the consultation has barely closed, on the progress of the consultation, concerning the numbers, extent and general features beginning to become clear? Even in the immediacy of the lockdown, the retail relationship with the supply chain is today much better than it has been, due to the activities of the Groceries Code Adjudicator.
Will the department be separating out submissions from the retail sector and the service sector from this consultation? The consultation does not mention the wider farmer-processor relationship with the ongoing supply chain, and specifically with the retailer. Will the Minister give a commitment that further inquiries will be conducted as the submissions are considered? It may prove difficult to make immediate recommendations. Reflecting across other sectors in the industry, can the Minister give any indication as to when further consultations will be progressed? Which sector has the department next in mind? Furthermore, how might the various sectors combine to find comprehensive answers to this very difficult problem of fair dealing in the industry, a problem that is now being tackled by the Bill? I beg to move.

Baroness McIntosh of Pickering: My Lords, I congratulate the noble Lord, Lord Grantchester, and the co-signatories for bringing forward Amendment 63 and others in this little group. Amendment 67, in my name and that of the noble Baroness, Lady Ritchie of Downpatrick—I thank her for supporting this amendment —seeks to achieve precisely the same ends. I join with the noble Lord, Lord Grantchester, in expressing regret that the noble Lord, Lord Curry, is not able to speak to this group, but I entirely understand the circumstances in which he felt he had to head north.
Again like the noble Lord, Lord Grantchester, I pay tribute to the Groceries Code Adjudicator, who has done a sterling job in regulating the relationships between the major retailers and direct suppliers. I was most grateful to have the opportunity to discuss this amendment with my noble friend the Minister, who I understand may be able to signify some movement in this regard. I look forward to that with great interest.
I hope that the Government are minded to widen the remit to cover the gap that needs to be plugged by including the indirect supply chain, such as dairy, which is currently excluded from the process. For dairy producers and fruit growers, many of whom are quite small in size, it is extremely difficult to bring a complaint to the Groceries Code Adjudicator. That is why I am very keen—and it is something that we concluded some seven or eight years ago on the Environment, Food and Rural Affairs Select Committee next door—that it should be incumbent on the Groceries Code Adjudicator to bring forward, on her initiative, investigations in this regard. The indirect supply chain, as well as the direct, is extremely important for these small suppliers, and things do sometimes go awry. We should not be entirely reliant on complaints from small producers and growers who can too easily be identified and may, as a result, lose their contract, livelihood and mainstay of their income.
I very much support the Groceries Code Adjudicator taking over this role. I understand the difficulties, as she reports to a different department. If there has been some movement and my noble friend is able to see a way forward in this regard, I think it would be very welcome to the House.

Baroness Ritchie of Downpatrick: My Lords, I support this suite of amendments. As the noble Baroness, Lady McIntosh of Pickering, has said, I was quite happy to add my name to her Amendment 67 but, in fact, all these amendments as elucidated by the noble Lord, Lord Grantchester, clearly seek to achieve the same ends, namely to widen the remit of the Groceries Code Adjudicator in the indirect supply chain, to benefit those in the dairy industry and fruit growers’ association.
I pay tribute to the outgoing Groceries Code Adjudicator, Christine Tacon, and welcome the new person to that role. It is interesting that there was a review published on 16 July this year into the role of the Groceries Code Adjudicator, which found that:
“The overall evidence from the review also suggested there is still a need for”
such an organisation and such a person,
“to ensure retailers comply with the requirements of the Groceries Code.”
Some responses to the review indicated that some suppliers are still reluctant to raise issues with the Groceries Code Adjudicator. The Government recognise in the report the steps that the current Groceries Code Adjudicator has taken to encourage suppliers to raise issues and make the commitment to work with the next Groceries Code Adjudicator—the new person in that job—and the retailers directly.
Since the Groceries Code Adjudicator is the independent regulator ensuring that regulated retailers treat their direct suppliers lawfully and fairly, it would  be good at this stage if the Minister could show us a certain direction of reflection in his thinking in respect of the amendments in this group, which seek to widen the remit of the role to cover the indirect suppliers and to ensure that there are greater levels of regulation.

Baroness Bakewell of Hardington Mandeville: My Lords, it is a pleasure to follow the noble Baroness, Lady Ritchie of Downpatrick. I have added my name to Amendments 63 and 64 in this group, as I believe that the Bill needs to be much clearer on who will take responsibility for complaints into alleged non-compliance.
Fair dealing in agriculture is vital to the reputation of the farming industry, and the public need to be reassured that there is someone watching their backs. I thank the noble Lord, Lord Grantchester, for setting out the argument so clearly. The aim is to widen the remit of the Groceries Code Adjudicator, who is a truly independent person.
A “specified person”, as stated in the Bill currently, could be anyone. Can the Minister say who the Government had in mind to be this person? Would there be open recruitment, with advertising, or would this be an appointment through the old boys’ and old girls’ networks? The Groceries Code Adjudicator is a far better choice: a nationally recognised person who has a reputation and inspires trust and confidence. This is the proper person to take forward alleged non- compliance.
Amendment 64 sets out how the Groceries Code Adjudicator will interact with the Agriculture Bill in determining a complaint being carried out. I have not added my name to Amendments 65 and 66, but I fully support them. It is somewhat surprising that the Bill just refers to functions being conferred on “any” person. This does not fill me with confidence. Of course, this person must be competent and appropriate, and this should be in the Bill; otherwise, it might be somebody like me.
The noble Lord, Lord Grantchester, has spoken about fairness and contracts. Dairy farmers are at the start of the supply chain and need to be considered carefully. The noble Baroness, Lady McIntosh of Pickering, has tabled an amendment which would also give the Groceries Code Adjudicator responsibility for the supply chain in the regulatory clauses of the Bill. There seems to be a wish to achieve the same aim, as has been reiterated by the noble Baroness, Lady Ritchie of Downpatrick.
Given the very reasonable arguments which have been put forward this evening, I hope the Minister can give a positive response to this debate. I look forward to his response.

Baroness Finlay of Llandaff: My Lords, the noble Baroness, Lady Jones of Moulsecoomb, had requested to come in, and I understand she has not been able to. Therefore, I now call the noble Baroness, Lady Jones, before the Minister responds.

Baroness Jones of Moulsecoomb: Thank you— I was scrubbed by mistake. I am sure your Lordships are very happy that I have been slotted back in.

A noble Lord: Hear, hear.

Baroness Jones of Moulsecoomb: Thank you very much. I would like to say that these amendments are so obviously a good idea for the regulation and adjudication of this part of the Bill. There is nothing else to be said; I hope the Minister accepts them.

Lord Gardiner of Kimble: My Lords, this has been an interesting debate, and I thank all noble Lords for contributing toward it. Of course, I regret that the noble Lord, Lord Curry of Kirkharle, is not with us. He sent me a note, and I will have further discussions and considerations with him, because I am very keen to hear what he would have said in this debate.
Turning to Amendments 63, 64 and 67, I would like to assure noble Lords that work is ongoing to determine the most appropriate mechanism of enforcement for the provisions under this part of the Bill. No decisions have been made about who will be appointed as the enforcement body for Part 3. It is important to note, with particular reference to Amendment 67, that while all the measures contained in this part of the Bill will collectively work to improve supply chain fairness, the Government believe enforcement will work best when each particular policy area in Part 3 can be addressed individually. I say that because it is very important that we get to grips with the issues in each sector, identifying those that are distinct as well as those that may be common. I think that would be a pragmatic consideration.
On the suggestion that the Groceries Code Adjudicator should be given enforcement responsibilities, it is important to note that one of the key factors in the adjudicator’s success is its targeted focus on the behaviours of the UK’s largest supermarkets with their direct suppliers. This has enabled the adjudicator to work closely with the industry in developing supply chain solutions. I join other noble Lords in acknowledging in the work of the Groceries Code Adjudicator. It has been a considerably successful tenure of office.
A government call for evidence in 2016 explored the possibility of extending the adjudicator’s remit beyond those directly supplying the largest retailers. The review found insufficient evidence of widespread problems further down the groceries supply chain and concluded that there was no justification to extend the remit. However, it did identify some remaining concerns. These were sector-specific and predominantly concerned with the first stage of the supply chain. Following on from this, we feel that such issues are best addressed with the appropriate and targeted interventions included in the Bill.
Preliminary analysis of the responses to the Government’s consultation on the dairy sector has shown that there are a range of views about appropriate enforcement. I emphasise that an adjudicator-style model is only one of many potential means to resolve contractual disputes and ensure compliance with any new regulations. Amending the Bill to appoint the Groceries Code Adjudicator as the enforcement body would serve potentially to tie the Government’s hands to only one of the many possibilities available. This would also preclude the ability to listen to the views of industry and respond accordingly, which is really important and, we think, critical in creating effective solutions.
The Government are, of course, aware of the issues that farmers face in the supply chain and that is not confined to the dairy sector. To answer one of the questions from the noble Lord, Lord Grantchester, the Government will carry out similar consultations to explore the issues facing other sectors in turn. Discussions with stakeholders have already begun, to look at the situation in the red meat sector and what sort of interventions could improve the position of producers in that supply chain.
On Amendments 65 and 66, I thank the noble Lord, Lord Grantchester, for highlighting the importance of a robust enforcement regime to ensure that the fair dealings obligations are effective and sustainable. It is important to state that no decisions have been made about the nature of enforcement, or the body responsible for enforcement. The reason is robust and strong: the Government want to work with industry and listen to its ideas and concerns before any final decision is made.
The noble Lord, Lord Grantchester, asked about the consultation on the dairy sector. To be precise, I can confirm that the consultation closed on Tuesday. The consultation included a specific question about dispute resolution and, while the detailed analysis is still being carried out, it is already clear—this is broad-brush, because I asked whether there are any indicators—that stakeholders have a broad range of views about the most appropriate form of enforcement and finding the best solution will obviously require some consideration. The Government aim to publish a summary of responses later this year, which will be very important and will provide greater detail about the views shared and the options available. I hope it will not be too long before there will be scope for that consideration. The Government will exercise due diligence in designing the enforcement regime and appointing a regulator.
I say to the noble Baroness, Lady Bakewell of Hardington Mandeville, that I do not recognise her description of the rigour with which I and other Ministers consider appointments to public bodies. It is a very serious matter; we recognise that it is a matter of people coming forward to help in the public service. I reassure her that it has no input other than that it must be done rigorously, and the right people need to be chosen.
The Government intend the fair dealing obligations to create positive change for the industry. That is why we are doing it and why this is such an important feature. I am very glad that the noble Lord and other noble Lords have raised this, because this is all part of the prism of this Bill. A lot of people are worried that we are talking too much about the environment, but a lot of the guts and detail of what will come out in the provisions of the Bill are designed to help the farmer in the great production of food, and so that we can help the farmer get fairer dealing.
I have a note relating to the remarks of my noble friend Lady McIntosh on the GCA launching its own investigations. The Groceries Code Adjudicator can launch its own investigations, if it has reasonable grounds to suspect that a large retailer has broken the code. Again, I think the adjudicator’s work has been essential. I think and hope that, in the spirit of this debate, the reason the Government would at this time  resist putting forward a particular body, however successful the adjudicator has been in this area, is that the best way to deal with difficulties in certain sectors is to work with the sector to see what is the best mechanism for enforcement. Let your Lordships be in no doubt that these are provisions that we recognise must be attended to, and in short order, because they are the way that will help the farmer in this situation.
In that spirit, I very much hope that the noble Lord will feel able to withdraw his amendment.

Lord Grantchester: My Lords, I thank all noble Lords who have come forward to speak tonight. I certainly appreciate the remarks of the noble Baroness, Lady McIntosh, in calling for the extension of the role of the adjudicator, and the various discussions with the Minister. I agree that the widespread experience of the Groceries Code Adjudicator should give rise to exploring how the role of that office may be extended.
I remind all noble Lords that agriculture can be characterised as unusual: it is almost unique in that producers invariably buy retail yet sell wholesale. I certainly appreciate the Minister’s comments and the gracious way in which he is going to include the noble Lord, Lord Curry, in further discussions. He has also come forward with a very helpful update on his department’s ongoing deliberations. I appreciate that the Government need flexibility to get the right solutions to each sector’s issues, and I look forward to clarity being provided in the publication of this consultation and to the debates we will have on that later. In the meantime, I beg leave to withdraw the amendment.
Amendment 63 withdrawn.
Amendments 64 to 67 not moved.

Lord Russell of Liverpool: We now come to the group beginning with Amendment 68. I remind noble Lords that Members other than the mover and the Minister may speak only once, and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in this group to a Division should make that clear in the debate.

  
Clause 32: Identification and traceability of animals

Amendment 68

Lord Wigley: Moved by Lord Wigley
68: Clause 32, page 29, line 44, at end insert—“provided that those functions do not extend to a geographical area or species outside the original remit of that body when established.”Member’s explanatory statementThe purpose of this amendment is to ensure that Clause 32, as included in the Bill, does not undermine the democratic answerability of the devolved administrations.

Lord Wigley: My Lords, once again I draw attention to my registered interests. The amendment maintains the theme of devolved consideration and is a simple probing amendment, which I suppose I should really have tabled in Committee. But I shall not detain the House for any great length of time.
The purpose of the amendment is to ensure that Clause 32 does not undermine the democratic answerability of the devolved Administrations, which I am sure the Minister would never want to do. I shall try to spell out clinically the problem that this amendment tries to address. I have given the noble Baroness, Lady Bloomfield, notice of these issues to facilitate her response.
Subsection (1) of new Clause 89A, proposed by Clause 32(1), allows the Secretary of State to assign functions to a body established under Section 87(1)(a) of the NERC—Natural Environment and Rural Communities—Act 2006 relating to the identification of animals and
“collecting, managing and making available information regarding the identification, movement and health of animals”
in all parts of the UK. The Agriculture and Horticulture Development Board Order 2008, which I will refer to as the AHDB order, established that board in exercise of the powers conferred by Sections 87 to 91, 93 and 96, 97(1) and 97(2) of the NERC Act, as well as paragraphs 5 to 11 of Schedule 8 and Schedules 9 and 10 to that Act.
Under subsections (2) and (3) of Section 87 of the NERC Act, an order may specify only one geographic area
“in relation to which assigned functions are exercisable.”
As such, Article 2(1) of the AHDB order explicitly states:
“This Order relates to … the beef and sheep industry in England”.
I quote those words directly.
In Wales, we have our own body, which exercises many of the equivalent functions of the AHDB in relation to the beef and sheep industry in Wales. It is known as Hybu Cig Cymru and is a limited company owned wholly by the Welsh Government. Its main responsibility is
“the development, promotion and marketing of Welsh red meat.”
We also have our own legislation relating to the identification of animals and collecting, managing and making available information on animal identification, movement and health. For example, our sheep movement database, EIDCymru, collects much of the sheep movement information covered by the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015.
Yet new Clause 89A, proposed by Clause 32(1) of the Agriculture Bill before us, appears to allow the Secretary of State to grant powers to a body such as the Agriculture and Horticulture Development Board in relation to sheep and beef animals in Wales. As one would expect, the AHDB Beef and Lamb Board comprises English members. No doubt they do sterling work for English beef and sheep farmers, and good luck to them, but it appears that, unless amended or clarified, Clause 32 may allow a body such as the AHDB to be granted powers relating to the identification of animals and collecting, managing and making available information on animal identification, movement and health in other geographical areas of the UK, including Wales. At best, this could be confusing. At worst, it could lead to duplication and unnecessary extra costs.
I hope that I have spelled out the problem clearly. I suggest to the Minister that my Amendment 68 would overcome the potential difficulties. I believe that, for the absolute avoidance of doubt, such words should be in the Bill when it becomes an Act. If the Minister acknowledges this need but sees some technical deficiency in my amendment, perhaps she could undertake to bring forward her own amendment at Third Reading to clear this matter up to everyone’s satisfaction.
I beg to move.

Duke of Montrose: My Lords, it is a great pleasure to follow the noble Lord, Lord Wigley. I declare my interest as a livestock producer from Scotland.
Amendment 68A in my name emphasises much the same point for much the same reason. I have considerable admiration for my noble friend the Minister, who, along with his officials, has laboured hard and finally found a formula through which it has been possible to get a legislative consent Motion from the Scottish Parliament, as well as other Administrations, for this part of the Bill.
My amendment reflects the fact that given the present political views of the devolved Administrations, the Government have realised that they must get devolved agreement. Can my noble friend the Minister give the House some idea of which functions the body that is being proposed under this power will be expected to carry out? When we found that we were going to have the chance to resume control of our own laws, many in the agricultural and rural industries hoped that there would be frameworks to ensure seamless regulation across our own UK market. The Government then found that these functions under the devolution Acts had not been reserved to Westminster, so it was possible to argue that anything which could be considered to be part of agriculture and the environment was a devolved competence. It now appears that what we have in front of us is as far as we can get by way of a framework, but any final outcome will be hard won.
The noble Lord, Lord Bruce of Bennachie, has given a considerable description of the attitude with which these powers were received in the devolved Administrations. Rather like the noble Lord, Lord Wigley, I see this as an issue about the identification and traceability of animals being an area where the need for a joined-up policy is truly vital. It is an area where new technology is making an enormous difference to the capabilities of the information which can be included. Inevitably, it is triggering updates to the systems in the different parts of the country.
The noble Lord, Lord Wigley, has just explained the situation in Wales in some detail, and I must admit that I am not familiar with how this works in Ireland. However, in England, the AHDB is now moving on to using electronic identification for all livestock. It is in the middle of setting up the livestock information service using a database supplied by a company called Shearwell Data which will hold all the English data. Quite separately, the Government in Scotland are introducing electronic identification for cattle; the system is to be called ScotEID. They already have a well-tried one for sheep which has been running for some years.
Noble Lords will be familiar with the tremendous trade in livestock within the UK, both north to south and west to east. A large quantity of cattle and sheep which have a Scottish electronic identity will land up in England and vice versa, and it will be the same for the other Administrations. The normal expectation is that their identity would remain on the database of their registration. The person buying the animals would have to know their origin and then have to input or source any relevant information from that database, perhaps at a different end of the country, as will the authorities if there is an issue with health or disease. Other areas of possible similar divergencies are in carcass classification and food standards. I shall be interested to hear what the noble Lord, Lord Rooker, who has such wide experience in these fields, has to say.
Apart from all these complications, at what point do the Government hope to be able to have a comprehensive view of what is going on? Is this the final framework in this area, and what about other similar areas?

Lord Russell of Liverpool: I call the next speaker, the noble Baroness, Lady Bennett of Manor Castle. The noble Baroness is not here, so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.

Baroness McIntosh of Pickering: My Lords, I am most grateful to the noble Lord, Lord Wigley, and my noble friend the Duke of Montrose, for introducing their respective amendments. These two amendments refer back to comments that I made earlier about the status of the common framework agreements. It is very clear at this time that this is a fuzzy area and it is not quite clear what the status of the common framework agreements is—and yet, in the very specific circumstances that both noble Lords speaking to Amendments 68 and 68A referred to, time is pressing on and we need to know how the different Administrations across the United Kingdom will administer this part of the Bill.
My question to the Minister is: what is the status of the common frameworks at this time? I understand that they have been reduced to 21, but obviously the process is ongoing. It would be helpful to know whether this level of detail has been reached in the current negotiations and how circumstances referred to in Amendments 68 and 68A can be avoided if at all possible.

Lord Rooker: My Lords, I avoided devolved issues in Committee and was seeking to avoid them on Report, but I want to come in to support the noble Lord, Lord Wigley.
I have a couple of points to make. One is a general one, and it is no reflection whatever on the Ministers on the Front Bench: the Government do not do devolution. My experience of that comes from 2010 to 2013, some years ago now, when I was chair of the Food Standards Agency and the coalition Government came in. It was quite clear that there was a major problem with their attitude towards devolution, and I think that has carried on. I realise that there are relations between Ministers and they talk to each other, but the government machine does not do devolution.
My more specific point is that I plead guilty on two issues, really. The Agriculture and Horticulture Development Board was one of my babies when I went back to MAFF, or Defra, in 2006. The merger of the six levy boards was done under my watch. Of course, I realised at the time that I was the English farming Minister, not the Great Britain farming Minister, and the issue applied only to England. Furthermore, before that—this shows, I freely admit, that as the years go by I get a bit out of date, and I have had a year when I have not been on the ball, as it were—the cattle tracing service for passports and birth information, located in Workington at the time, was a UK-wide body; indeed, we recruited Welsh speakers. It could be that that has been taken apart and is no longer there, but the fundamental issue behind all this is traceability.
One reason we do it is self-interest, but the reason we were forced to do it by the European Union, as it does elsewhere, is so that we know what animal has been where if a disease breaks out. The issue should not be one of a dispute between devolved Administrations not being able to access the information; it is absolutely fundamental that the traceability of animals, their movements, the feed they have had and other matters is available if an animal disease breaks out—I hope that it does not happen but we have to prepare for the worst—particularly where there is a transfer to humans, or indeed if it is widely spread to other animals because they move around the country, as has just been said, east, west, north and south, and that leads to real problems.
So, first, I fundamentally doubt that the Government really do devolution. Secondly, in an area like this, Clause 32 is quite specific that the Government are in fact taking on board UK-wide information; indeed, relating to Scotland as well. The Minister is going to have to explain exactly what the detail is in terms of the devolved Administrations and how traceability—and the way we need it to operate in an emergency, because it is always an emergency when you actually need it—will actually function.

Baroness Northover: My Lords, we are, again, addressing how matters might be properly devolved. The noble Lord, Lord Wigley, has identified some key challenges in his amendment, and the amendment in the name of the noble Duke, the Duke of Montrose, is complementary to it. It seems to me that these amendments need to be taken very seriously by the Government, who need to assess the implications laid out by noble Lords.
We are addressing the important issue of the identification and traceability of animals. We have a UK single market, so we will expect animals to be moved around, across the boundaries of our nations and regions. But animal traceability must be clear. Most years, my father would head for the Welsh borders, to Builth Wells, to buy his Welsh mountain ewes, and they arrived by lorry on our farm on the South Downs. That was a common pattern. The noble Duke, the Duke of Montrose, outlined the same pattern for England and Scotland. It is the way that market works in the UK and, within it, animals must be traceable.
The system needs to involve each of the devolved Administrations, which must also be able to be held to account on this. As the noble Lord, Lord Rooker, indicated, traceability is exceedingly important in terms of disease control—for example, as we saw so clearly with foot and mouth or, more recently, blue tongue.
My noble friends Lord Bruce, Lord Alderdice, Lord Thomas and Lady Humphreys spelled out earlier how important it is that all parts of the United Kingdom work closely together, with proper devolution and consent. The noble Lord, Lord Rooker, is surely right that the Government do not do devolution, and this has to improve. My noble friend Lord Alderdice mentioned earlier that agriculture is, for example, the major industry in Northern Ireland, and traceability must be done in conjunction with the EU, given that Northern Ireland is in the EU internal market. Can the noble Baroness comment on this aspect?
I am very glad that these amendments have come forward. Both noble Lords are right to seek clarification here on the record, and we support their propositions. I look forward to the Minister’s response. It will need to be very specific.

Baroness Wilcox of Newport: We might not strictly be noble friends but I am grateful to my noble compatriot Lord Wigley for tabling Amendment 68, allowing a brief discussion of how the changes contained in Clause 32 will impact on the devolved Administrations. I agree with my noble friend Lord Rooker that, despite the better efforts of some people—Ministers and officials in his Government—generally people do not do devolution 20 years on.
I am also grateful to the noble Duke, the Duke of Montrose, for his Amendment 68A, which is designed to probe how these traceability provisions will work as animals or their meat move across the UK’s internal borders. I understand that, although agriculture might have always been devolved in a theoretical sense, the UK Secretary of State has, in many areas, tended to act on behalf of all four nations.
These provisions on the identification and traceability of animals are important, and I am sure that the current drafting has the approval of the devolved Administrations. Indeed, I will pass on the Minister’s earlier kind comments to my good friend the Minister for Environment, Energy and Rural Affairs in the Senedd Cymru. However, I would be grateful to the Minister if, in her response, she could shed greater light on the points of detail raised by those who have tabled these amendments.

Baroness Bloomfield of Hinton Waldrist: My Lords, I thank the noble Lord, Lord Wigley, for his amendment, and I am very grateful to him for his advance notice of the points that he made. I will deal with Amendment 68A, in the name of my noble friend the Duke of Montrose, at the same time.
As the noble Lord, Lord Wigley, rightly observed, Clause 32 provides that the Secretary of State may assign functions to a body relating to, first, collecting, managing and making available information regarding the identification, movement and health of animals, and, secondly, the means of identifying animals. These functions are vital for the purposes of disease control, for complete movement traceability of all animals  across UK borders and for UK trade negotiations with international partners. The meat and livestock sectors have championed this new service and are strongly supportive of it.
In Committee, we introduced a government amendment providing that the Secretary of State secure approval from the devolved Administrations for orders assigning functions exercisable in relation to Wales, Northern Ireland or Scotland to the AHDB, such as the handling of movement data shared with the AHDB by those Administrations. We have always said that we would engage intensively with the devolved Administrations prior to making any UK-wide orders.
The wording in Section 89A(2) of the Natural Environment and Rural Communities Act 2006, as inserted by Clause 32, requires the Secretary of State to seek approval from the devolved Administrations for making orders assigning functions exercisable in those Administrations. Where any such function is assigned, it will be following full discussion with, and approval from, the devolved Administrations. These discussions will give the opportunity for any further concerns to be raised. Therefore, any appropriate limitations on species covered or geographical extent for any function relating to identification and traceability of livestock will be specified in the order and, I repeat, subject to approval from the devolved Administrations.
Regarding how livestock traceability will work between UK Administrations, each Administration will run its own multi-species traceability service. Currently, there is a GB-wide service for cattle and a service for pigs in England and Wales, but in the future, traceability will be fully distributed. The Agriculture and Horticulture Development Board needs to be able to process movement data on animals that are not in England, or that have crossed borders within the UK, to provide a complete picture of an animal’s lifetime traceability in disease-control situations. This is termed “the UK view”. It will enable livestock identification and movement data collected by each Administration to be seen by others and to be available to veterinary officials in all UK Administrations. I hope that this reassures my noble friend the Duke of Montrose.
I take issue with the assertation by the noble Lord, Lord Rooker, that this Government do not do devolution. As the Lords’ spokesperson for Wales and someone who is proudly Welsh, I assure him, and the noble Baroness, Lady Wilcox, that we pay careful attention to preserving the devolution settlement in all three departments of which I am Whip.
The AHDB will also run the livestock unique identification service on behalf of England and Wales. This controls the issuing of official individual identification numbers to animals. All data will be handled in accordance with data sharing agreements and protocols agreed by all UK Administrations. No Administration will be able to use data outside the terms of that agreement.
My noble friend Lady McIntosh of Pickering asked about the status of the negotiations on the common framework. In the last debate, my noble friend the Minister said that the UK Government have been working closely with the Welsh Government, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and the Scottish Government,  to develop a UK agriculture support framework. We expect to be able to agree this soon and we will update the House shortly.
I believe that this provides the assurance that the assignment of functions by the Secretary of State under this clause will be fully accountable to the devolved Administrations. With these assurances, and my belief that there is genuinely no clearing up necessary, I ask the noble Lord, Lord Wigley, to withdraw his amendment.

Lord Wigley: My Lords, I am very grateful to the noble Baroness for her response, and to the noble Duke, the Duke of Montrose, the noble Baronesses, Lady McIntosh, Lady Northover and Lady Wilcox, and the noble Lord, Lord Rooker, for their input in this debate.
Quite clearly this is not a subject area where one is seeking controversy; rather one is seeking to resolve a practical problem which might arise if it is not planned for in a way that avoids such eventualities. There must be clear demarcation of responsibility for all four bodies within the UK that have various responsibilities in these fields. They have to know what their responsibilities are and how far they go. To the extent that from time to time there has to be some cross-border activity, by the nature of the market, there must be clear ground rules on who does what and who communicates with whom.
To the extent that the Welsh Government have indicated that they see a way forward on this, that is fine, provided that it is the same interpretation on the other side of Offa’s Dyke, and in Scotland and Northern Ireland in relation to their powers. If we can get a situation in which it is clear to all what their responsibilities are—where they start and where they end—we can avoid difficulties. If we do not, we will find ourselves in quite a complex situation with a lack of clarity with regard to responsibility.
I conclude with this. There is a saying, particularly in the farming fraternity, that good fences make good neighbours. In this instance, there has to be clarity, understood by all, on who is responsible for what fence and for what function. Having said that, I beg leave to withdraw the amendment.
Amendment 68 withdrawn.
Amendment 68A not moved.

Lord Russell of Liverpool: We now come to the group beginning with Amendment 69. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this, or anything else in this group, to a Division should make that clear in debate.

  
Clause 34: Agricultural tenancies

Amendment 69

The Earl of Devon: Moved by The Earl of Devon
69: Clause 34, leave out Clause 34Member’s explanatory statementThis amendment is intended to remove agricultural tenancies provisions.

Earl of Devon: My Lords, Amendments 69 and 89 seek the removal from the Bill of Schedule 3 and the reforms contained therein updating the law on agricultural tenancies. This is not because I am not in favour of agricultural tenancy reform. To the contrary, it is because I do not believe that this is reform enough. My proposed amendments therefore form a protest and express frustration at the modesty of the admittedly sensible agricultural tenancy reforms contained in the Bill.
As discussed at length in Committee and on Tuesday, agriculture is key to meeting the nation’s net-zero carbon ambitions and assisting the Government to ensure that this generation hands a better environment on to the next. To achieve that, agriculture will need to change fundamentally. The biggest change will be to swap short-term profit for long-term sustainable investment and productivity.
The clearest illustration of this change is in the handling of our soils. The building of organic matter in soils, along with a healthy soil structure, requires long-term investment and a short-term decrease in productivity before any financial return can be realised. The same can be said of agroforestry, hedgerow management and any number of the worthy ELM schemes we have debated. None of this is possible if the farm operator enjoys only a short-term interest in the land.
The tenanted sector accounts for approximately one-third of our farmland, of which nearly half is now let on farm business tenancies. The average length of an FBT is less than three years, and 90% of all new tenancies are let for no more than five years. It is difficult, if not impossible, to achieve both a sustainable business and a sustainable environment when farming with a three-year horizon. There is an urgent need to change this and to permit everyone who farms in the UK to enjoy a much longer horizon in which they can expect to reap the long-term benefits of adopting environmentally sensitive farming techniques.
This is urgent, and I am concerned that if we make do with what TRIG has agreed is possible now, we will lose the impetus for further reform for a generation and our agricultural landscape will continue to be blighted by a short-termism diametrically opposed to the noble goals of environmental land management, as set out in Clause 1. I beg to move.

Lord Wigley: My Lords, I am glad of the opportunity to support the amendment and to speak to my Amendment 84, which is attached to it. My amendment is very simple; the words on the amendment paper spell it out. It is to ensure
“that tenant farmers in Wales have a mechanism to object”—
if they need to—
“to a landlord’s refusal to consent to enter into a financial assistance scheme.”
I am very grateful to the noble Baroness, Lady McIntosh, for her support for it.
The point is that there must be a system operating in Wales, and for clarity it should be included in the Bill that this right exists and that the responsibility lies with Welsh Ministers. For that reason, I am glad to speak to Amendment 84 in my name.

Lord Russell of Liverpool: I understand that the right reverend Prelate the Bishop of St Albans is not on the call, so I call the next speaker, the noble Baroness, Lady Rock.

Baroness Rock: My Lords, I declare my interest as a director of Wrackleford Farms Ltd, a tenant farming enterprise. I shall speak to Amendments 81, 82, 83, 85 and 86, which stand in my name. I am grateful for the support of the noble Baroness, Lady Bakewell of Hardington Mandeville, for these amendments. I shall also speak to Amendments 69 and 89 in the name of the noble Earl, Lord Devon, Amendment 84 in the name of the noble Lord, Lord Wigley, and Amendments 87 and 88 in the name of my noble friend Lady McIntosh of Pickering.
In speaking to my Amendment 81, I speak also to Amendment 84 in the name of the noble Lord, Lord Wigley, which will achieve the same outcome for Wales prior to it coming forward with its own legislation, as this amendment envisages for England. This amendment is a straightforward change to require the Government to come forward with the necessary regulations to allow an agricultural tenant to refer to dispute resolution an unreasonable refusal from a landlord following a request made by the tenant to join a scheme developed under the provisions for financial assistance.
While the Government may give an assurance that they will use the power available in this part of the Bill to bring forward the necessary regulations, there is no reason why the Government should not commit to doing so in the Bill. Tenant farmers are rightly concerned about their ability to access new public payments for public good schemes in light of their tenancy agreements and some of the restrictive clauses which they contain. Tenants must be given the assurance that they will be able to enter new schemes without the landlord being able to unreasonably withhold consent. The change which this amendment will make is entirely in line with the Government’s policy and should not cause any issue for them but at the same time it would give a tremendous boost of assurance to tenant farmers who are looking at the possibility of taking part in new schemes as they develop.
Sadly, there are circumstances where landlords refuse consent on an unreasonable basis for their tenants to enter schemes. Although it may be considered prudent for landlords to allow their tenants to remain profitable, it can sometimes be the case that landlords seek to use the leverage involved in having to give their consent to make unreasonable demands of their tenants, including surrendering secure tenancies in favour of insecure farm business tenancies, seeking the surrender of land, buildings or dwellings or merely to make the life of the tenant difficult. Having said that, there are, of course, plenty of examples where relationships between landlords and tenants are very good and where the changes being envisaged by this amendment would not be a risk to those good relationships or undermine what the parties are trying to achieve in those circumstances.
Amendment 82 closes a potential loophole in the provisions of the Bill around gaining the consent of the landlord, which is required to be obtained by the  tenant in entering a financial assistance scheme. The Bill contains a relatively narrow set of criteria which need to be in place before the tenant has recourse to potential dispute resolution for an unreasonable refusal of consent to join a financial assistance scheme. The Bill envisages providing the tenant only with the option to object where the tenancy agreement or legislation governing the relationship between the landlord and the tenant restricts the tenant’s ability to participate without the landlord’s consent. However, there may be individual requirements set out within the financial assistance schemes which require tenants to seek the landlord’s consent. It may be because of the nature of specific land use changes envisaged by schemes being considered by tenants. Currently, that situation would not be covered by the provision in the Bill, and the amendment seeks to address that by ensuring that all refusals by a landlord can be referred by the tenant to dispute resolution on the grounds of reasonableness.
The Government may say that they will ensure to address this point in the way in which they design schemes, and I have some sympathy with that, but it would be better to have the provisions in the Bill rather than have to rely on individual schemes having their own appeal mechanism.
Amendment 83 would address specific issues around unreasonable restrictions within tenancy agreements which prevent farm tenants investing in their holdings to carry out activities or improvements which assist with the productivity or sustainability of the holding. This could include using the holding for non-agricultural activities which are in keeping with and complementary to its agricultural uses, which many farms want to do and which adds much-needed financial stability to those holdings.
Many tenants will have agreements which require them to seek their landlord’s consent for the installation of new fixed equipment or to carry out new activities where the requirement for the landlord’s consent is absolute. In these circumstances, there is no recourse for the tenant, who feels aggrieved by a refusal from the landlord. In that it is a point of public policy that farming should become both more productive and more sustainable, it would be an error not to allow tenants the same ability to fulfil those objectives as others. Of course, reasonable landlords will give reasonable consent for activities which improve the productive capacity of the holding and/or its sustainability, but, sadly, there are situations where such consent is not forthcoming. This is mostly because landlords are seeking to extract other concessions from their tenants, as I have set out previously. This amendment does not seek to provide a carte blanche ability for tenants to avoid reasonable clauses within their tenancy agreements, but it would provide the opportunity for them to appeal against an unreasonable refusal from their landlord. Indeed, this suggestion formed part of the recommendations of the Tenancy Reform Industry Group in its report to Defra in October 2017.
Amendments 85 and 86 would enhance the franchise of individuals who are able to apply for succession of tenancy for the limited number of Agricultural Holdings Act 1986 tenancies which continue to have rights of succession. Where those rights of succession apply, a  narrow list of close relatives are able to apply to be considered to be eligible to take on succession tenancy. Up to three generations of members of the family can be tenants of the same holding. The current franchise includes husbands, wives, civil partners, sons, daughters, individuals brought up in farm families and treated as children of a marriage or civil partnership, and brothers and sisters of the deceased or retiring tenant. However, crucially, the list of potential successors does not include the grandchild, the nephew or the niece of the deceased or retiring tenant, nor does it include children from a cohabiting partner of the deceased or retiring tenant. The amendment seeks merely to correct for those omissions. This is also an issue that was considered by the Tenancy Reform Industry Group. It is often the case that the most appropriate successor in a family business is not to be found in the immediate generation but in the next, and there is no reason to deny the ability for the tenancy to be passed to those individuals should they also be able to meet the other eligibility criteria.
I strongly support Amendment 87 in the name of my noble friend Lady McIntosh of Pickering, as it seeks to provide a framework for encouraging longer-term farm business tenancies. As the noble Earl, Lord Devon, raised, the average length of FBTs is under four years. With 90% of all tenancies let for five years or less, this is a crucial issue. I look forward to hearing what the Government plan to do about it and ask that consideration be given also to the taxation environment within which landlords make decisions about farm tenancy letting, as has been proposed by the Tenant Farmers Association.
Amendment 88 in the name of my noble friend Lady McIntosh of Pickering is crucial to this legislation. FBT tenants should not be left out of the possibility of objecting to their landlord’s refusal to allow them to enter into a financial assistance scheme. Should my noble friend push this matter to a vote, I would certainly vote in favour of the amendment, as it closes a dangerous loophole for nearly half the tenanted sector of agriculture.
Finally, I turn to Amendments 69 and 89 in the name of the noble Earl, Lord Devon. I cannot support the removal of the tenancy provisions in the Bill that those amendments would achieve. However, I understand and fully agree with his view that we urgently need a specific Bill covering agricultural tenancies. It could pick up on many of the issues already recommended by the Tenancy Reform Industry Group. I urge my noble friend the Minister to give an assurance that an agricultural tenancies Bill will be brought before this House in the not too distant future.
I know that my noble friend the Minister is very supportive of the tenanted sector and highlights its importance to the whole agricultural industry. I thank him particularly for his empathetic engagement on this. It is therefore right that new legislation, providing security and stability to the tenanted sector, should be brought before the House. Although I am minded to test the will of the House on my amendments, I will listen carefully to what the Minister says before making my final decision.

Baroness McIntosh of Pickering: My Lords, I am delighted to follow my noble friend Lady Rock and thank her for her staunch and eloquent support  for Amendments 87 and 88. Perhaps I may briefly address Amendments 69 and 89, in the name of the noble Earl, Lord Devon. I have great difficulty with them because they would remove from the Bill all provisions relating to agricultural tenancies. That would be a very regrettable move. However, I support Amendment 84 in the name of the noble Lord, Lord Wigley, which is a mirror image of the amendments standing in my name.
I will address my remarks primarily to Amendments 87 and 88. Clearly, as I say in my explanatory statement, Amendment 87 would seek to
“bring into effect a legislative change proposed in the tenancy reform consultation carried out by DEFRA and the Welsh Government, which has not been covered by the Bill, to encourage landlords to let longer Farm Business Tenancies.”
I would like to draw out some of the comments made by my noble friend Lady Rock in speaking to her amendments as passionately and eloquently as she did. I am minded to press Amendment 88 to a vote, not on my behalf but on behalf of all the agricultural tenants for whom, I know, this is close to their hearts.
I have had cause to raise this issue at previous stages of the Bill and I feel passionately about it. I grew up in a part of the world—Teesdale, in the Pennines in the north of England—where the farm incomes are among the lowest in the land. The farmers there probably survive only because their wives go out not just to help on the farm in all weathers, particularly at lambing time. In normal circumstances, outside Covid, they also go out and try to earn a living to keep the family afloat.
The basis of Amendment 88 is very simple. It is to put the tenants’ agreements under the Agricultural Tenancies Act 1995 on exactly the same basis as under the Agricultural Holdings Act 1986. My noble friend Lady Rock referred clearly to the devastating effects of moving from a secure tenancy agreement to an insecure tenancy, which do not bear thinking about in the present climate. Tenant farming is the bedrock of this country; it is almost unique to the English countryside. I remember so clearly from my years as a Member of the European Parliament how we stand out as one of the few areas of Europe with such a well-developed system of tenancies.
What I find so heartbreaking about the current situation is that the two Acts have not yet been brought together. To me, the provisions covering tenants under them should be absolutely as one. This is a highly regrettable situation. To be fair, my noble friend the Minister tried to go to some pains to put my mind at rest in Committee. Yet I find myself tabling the same amendment on Report, and potentially putting it to a vote, because I have not had satisfaction on this point.
I believe I am here as a voice for those people who cannot be represented otherwise than through our good selves in this House. I urge my noble friend to consider any reason why the tenancies under the two Acts cannot be treated in exactly the same way. It would be grossly unfair if any tenants’ possible access to financial assistance could be refused at the whim of a landlord. I accept there are good tenants and bad tenants; there are good landlords and bad landlords. But we have to look at the worst-case scenario.

Lord Carrington: My Lords, I declare my interests as set out in the register, together with my membership of the National Farmers Union and the CLA.
I sympathise with, but do not support, the noble Earl, Lord Devon, in his amendments which would remove both Clause 34 and Schedule 3 from the Bill. Although, in an ideal world, the legislation on the reform of tenancies would be in a separate Bill, the clauses cover several matters that have been agreed by the industry through TRIG. So, if necessary, I would reluctantly accept Clause 34 and the schedule. However, what I certainly would not support—and I am afraid I do not support either the noble Baroness, Lady Rock, or the noble Baroness, Lady McIntosh of Pickering—are Amendments 85 and 86 regarding succession on the death of an Agricultural Holdings Act 1986 tenant.
The suggestion that the rights of succession should be given to nephews, nieces, and grandchildren as well as partners and their children is several steps too far and begs the question, “Why stop there?” It would unnecessarily prolong the life of the AHA 1986 tenancies when we have moved on to the Agricultural Tenancies Act 1995, along with a more modern and flexible regime for letting agricultural land, with the hope of bringing new entrants into the industry.
All these amendments would achieve is benefiting a small group of successors, some of whom might succeed anyway in view of their existing competence and relationship with the landowner, and others who might see it as an easy way to inherit an otherwise unaffordable house and a deceptively attractive way of life. It would also have the serious effect of depriving landlords again of their property rights and access to their own land for another generation.
Land could and should be freed up for a wider pool of occupiers under arrangements and agreements that are more flexible and more market-oriented and might help deliver productivity advantages. New tenancy agreements or share farming, as well as joint ventures, which are more collaborative, work well for new entrants and young farmers.
I am also opposed to Amendment 88 with its proposed changes to the Agricultural Tenancies Act 1995. All stakeholders in the industry have expressed their agreement that the 1995 Act provides a suitable framework for tenancies in the modern era, with flexibility for the parties to agree the terms that suit their arrangement. This legislation has generated very little need for litigation or dispute resolution, and on previous occasions, all parties were agreed that the Act did not need revision or reform.
The amendment would create a situation where a recently agreed tenancy agreement can be amended in a way not foreseen or agreed to by the parties. If the parties are not able to agree on amending terms—an option that is, of course, open to them—to do this by recourse to an expensive alternative dispute-resolution process will have a very negative impact on that relationship and more widely on the landlord/tenant sector. It will undermine cross industry efforts to encourage parties into longer term agreements and possibly undermine  the lettings market altogether. It is a different context to that under the Agricultural Holdings Act 1986 framework and will be counterproductive to the industry. It is also proposed in the amendment that the detail of how such a dispute would be resolved by secondary legislation be determined at some later point. This is very unsatisfactory.
Issues and factors like these certainly need to be further discussed and considered by TRIG before being legislated upon. The National Farmers’ Union has welcomed the reforms in the Bill but also urges that other reforms, such as landlords’ consent to variation of terms under tenancy Acts, are taken forward through TRIG. Please could the Minister consider separate legislation to cover tenancy reform issues that are not currently in this Bill on the back of the TRIG recommendations?

Lord Taylor of Holbeach: My Lords, it is a pleasure to follow the noble Lord, Lord Carrington, and to participate in the debate on this group of amendments. Noble Lords will know of my interest in my family business, which is on the register.
I speak as someone privileged with “boys’ land”—they say this of the silts around the Wash. This land is ideal for arable farming, and we grow a diverse range of crops, from bulbs, in which we are prominent, to cauliflowers and potatoes. My neighbours are engaged in a great variety of different cropping, and this diversity —together with the marketing and distribution facilities —has encouraged field-scale horticulture similar to that in the Netherlands. It has also led to large-scale investment in protected cropping indoors and not exclusively under glass. I admit that this experience colours my thinking as to how we can raise productivity and harness modern techniques of scientific agriculture. It also colours my thinking about the role that the occupation and use of land plays in allowing a lively and prosperous industry.
I spoke in Committee on amendments covering tenancy issues and, in particular, about the value of cropping licences. I explained the background to my conviction that a dynamic farming and growing industry depends on having a lively market for land occupation to make this land readily available to up-and-coming farmers and growers. Schedule 3 is the product of the dialogue between the Government and the Tenancy Reform Industry Group, where different parties to this issue are seeking to find consensus on landholding issues.
Consensus must be the right way to seek to change something as complex as this. I might add that it seems to me that this whole Bill is about establishing a consensus on a path for agriculture into the future. It is with this in mind that I cannot support the wish of the noble Earl, Lord Devon, to remove Clause 34—and, with it, Schedule 3—of this Bill. I believe that Schedule 3, which his amendments seek to remove, delivers on the Government’s consultations in England and Wales and, indeed, on many of the recommendations from TRIG.
The Bill is not a root-and-branch reform of tenancy legislation. It is not intended to be. Listening to this debate, I am very much aware that many noble Lords  are impatient for more changes. However, these modest key and agreed changes, which form Schedule 3, will help to modernise agricultural tenancy legislation and, more importantly, play a part in giving this key industry the flexibility to adapt to change, and this is why they should remain in this Bill.
Having said that, I hope there can be consensus on further issues that the UK and Welsh Governments will wish to discuss with TRIG to see what other actions will lead to a thriving tenancy sector. In turn, this will require further consideration by Parliament and legislation. However, as it is, Schedule 3 makes considerable changes now, and they should be supported.

Lord Inglewood: My Lords, although I declared my agricultural interests earlier, I should specifically declare that I am, and have been, a landlord, as a freeholder and as a trustee of let agricultural land, as well as having been a tenant, both of family land and, until recently, some land belonging to a third party. What I found interesting and remarkable about the speeches on the amendment is that, while a number of speakers have taken varying stances, they almost all seem to be coming from the same general place on the map—as I do and hope will become apparent.
It is helpful when thinking about these matters to start from the original economic rationale for the landlord and tenant system. Landlords provided fixed equipment and the tenant the working capital. The parties negotiated around that and the farm business was put together as what might be described as a form of joint venture. The reality in days gone by was that the landlord’s negotiating power was frequently stronger than that of the tenant. This point was graphically drawn to the attention of the House by the late Lord Williams of Mostyn in his final speech on the Bill reorganising the composition of this House, some 15 or so years ago, in what I consider to be the finest speech that I have heard in this Chamber. The imbalance over the years has led to a series of specific pieces of legislation to introduce rules for fair trading—something that we have just been considering in a different context—into this marketplace. That is as it should be.
Too often, the debate is conducted in black and white terms, when it is in reality shades of grey. Landlords range from hard-nosed financial institutions and Dukes to widows, orphans and charities—for example, the National Trust, which interestingly is not always popular among its own tenants. Tenants range from huge farming companies to smallholders. Their circumstances are wide-ranging. There are good and bad landlords, and tenants who are exemplary farmers and some who are chancers and incompetents. However, both sides, whatever characteristics they have, ought in a free society to be treated even-handedly within the legal framework surrounding whatever arrangement they wish to put in place. While this may, to a degree, depend upon one’s perspective, the landlord is not, in granting a lease, conveying away his freehold or emotional and other commitments to the land. It is not the re-creation of some form of copyhold system.
A tenant, particularly when he also obtains a farmhouse, is acquiring more than a mere business asset but a home, and making a considerable investment in someone else’s property. This must not be forgotten.  Questions around bare land may be different. On top of that, both parties may be investing substantial sums of money, and all this must be taken into account. There is a perhaps an understandable tendency, at least superficially, to treat tenants as good and landlords as bad. That is not, by any means, universally the case. I speak from first-hand experience on which it is unnecessary to elaborate further here.
The conclusion that I have come to when thinking about these matters over the years is that perhaps the best way to make a mess of the landlord and tenant system is to rewrite it on the hoof on the Floor of Parliament in an ad hoc manner. Rather, as a number of speakers have said, those in the industry should, from time to time, review the matters to find a middle way that, as far as possible, represents a compromise acceptable to all those involved. That will need to be led by some entity or organisation like the Tenancy Reform Industry Group, TRIG. Failure to do that will not only wreck a system that must adapt anyway to completely new circumstances as the output of farming changes but, as many speakers have said, but properly ensure fairness on all sides. It is certain that if changes are made in an ad hoc, incremental way, real injustice in all kinds of unexpected places is likely to result. I am old-fashioned enough to think that it is a matter that Parliament should do its best to avoid.

Baroness Garden of Frognal: My Lords, the noble Lord, Lord Curry of Kirkeharle, has withdrawn, so I now call the noble Baroness, Lady Bakewell of Hardington Mandeville.

Baroness Bakewell of Hardington Mandeville: My Lords, it is a pleasure to follow the noble Lord, Lord Inglewood. This is an important group of amendments, to which others have spoken eloquently. I added my name to Amendments 81, 82, 83, 85 and 86 in the name of the noble Baroness, Lady Rock. I congratulate her on her speech and agree wholeheartedly with her detailed comments.
The noble Earl, Lord Devon, moved Amendment 69 and spoke to Amendment 89, which would remove agricultural tenancies from the Bill. I listened carefully to his speech and I am afraid I cannot agree with him. Removing reference to tenant farmers from the Bill because insufficient importance is given to them is not the answer. Tenant farmers are a vital part of the patchwork of agricultural holdings across the country. If they are removed from the Bill, I am unclear on just how we can safeguard their survival. However, I agree that three years is far too short for a farm tenancy business.
The amendments I will speak to all apply to Schedule 3 and would ensure that those currently involved in agriculture on a tenancy basis can function effectively. I support the comments of the noble Lord, Lord Wigley, and those of the noble Baroness, Lady Rock, on financial assistance schemes. These must be open to all tenant farmers. It is unacceptable for their landlords to refuse consent for them to engage in these schemes. Those who work the land and do the back-breaking jobs involved should be able to reap the rewards. It is unacceptable for landlords to block the rewards, cream  them off for themselves or alter the tenancies to the disadvantage of the tenant, as the noble Baroness indicated.
I turn to the amendments that relate to the rights of succession to a tenancy on death. Many tenant farms will be run by extended family members. For some, the nephew, niece or grandchild of the farmer will have been helping to run the farm for some time and see it as the only way they themselves can get into farming. It is therefore imperative that they should be able to succeed to the tenancy. They have experience and expertise, often gained over many years, and the farm will be in safe hands. Similarly, those in civil partnerships or cohabiting should be able to succeed to the tenancy where they wish to do so.
We have on previous days on the Bill debated the importance of encouraging new entrants into farming. To shut out those who wish to carry on the family tradition by refusing succession to the tenancy would be both cruel and unwise. These are the very people the Government should be encouraging to take up the reins and carry on. They are also the ones likely to welcome a move to a more environmentally friendly way of farming. I disagree with the noble Lord, Lord Carrington: no one related to a farmer or his extended family could possibly think that farming is an easy option.
Lastly, I support the letting of longer farm business tenancies. In Committee, the noble Earl, Lord Devon, referred to the woefully inadequate length of farm business tenancies of three years. This is hopeless for anyone wanting to plan ahead and make the best use of the land.
While I accept that short tenancies mean that others can come on to the land, it is not likely to encourage proper management of the land if, at the end of three years, the tenant farmer has to give up and move on. Often, there are no farms for them to move on to, as the popularity of pony paddocks means that some farmers have sold off land piecemeal for this purpose. A longer tenancy agreement is vital if the Government are to ensure that ELMS are successful. The Government cannot insist that it will take farmers seven years to convert from CAP to the ELMS system and then legislate only for three-year farm tenancy businesses. These are all vital issues, and should the noble Baroness, Lady Rock, wish to test the opinion of the House, we will support her. I look forward to the Minister’s comments.

Lord Grantchester: I thank the Tenant Farmers Association for its communications on these clauses. I also thank the noble Lords who have tabled these amendments for further consideration. They tackle many aspects of the two major Acts, the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, following the Government’s consultations on their workings, on which there has been so much debate. I recognise the passion with which many speakers have spoken tonight. These relationships can certainly become fraught and I appreciate the experiences that the noble Baroness, Lady Rock, shared with the House. It is a difficult and complicated subject that has been deliberated on by the Tenancy Reform Industry Group over many years. The Bill delivers on many of its recommendations, and the Minister will see that they are drafted to balance the interests of tenants and owners.
I understand that many of the amendments were consulted on last year but did not receive enough support and that therefore further, more detailed work may be required. I understand that there remains an appetite in England and Wales to consider the situation further before coming to a conclusion by the enactment of these amendments. The amendments are certainly important and have our broad support, including Amendment 88 in the names of the noble Baroness, Lady McIntosh, and the right reverend Prelate the Bishop of St Albans. We agree that there should be parity between tenants under the 1995 Act and those under the 1986 legislation in objecting to a landlord’s refusal to enter into a specific financial assistance scheme. We wish generally that all farming operations, whatever the terms of their occupancy, should be encouraged to take up the various ELM schemes and make their contributions towards an environmentally sustainable agriculture.
We would also be receptive to the modern interpretation of relationships that could lead to wider inclusion in tenancies, in line with our general encouragement for new entrants to come into the industry, provided they can meet the various eligibility provisions. The noble Earl, Lord Devon, argues that these clauses should be excluded from the Bill, but we would not go along with such an approach. If improvements to the legislation have been agreed as part of the TRIG process, we would not wish to hold them up. However, regarding further amendments, we can see that these may not have received the more considered support as widely as may be necessary for enactment in the Bill. We await the outcome of a more comprehensive assessment throughout the industry.

Lord Gardiner of Kimble: My Lords, I thank all noble Lords. The noble Lord, Lord Grantchester, used the word “passionate”. It has been a passionate debate and I think that, whatever the tenure of ownership, tenancy or commonhold, the challenges of farming are very profound. Obviously, the Government need to work towards creating an environment in which all types of tenure are able to run a strong business.
Turning to Amendments 69 and 89, the noble Earl, Lord Devon, proposed that we should in effect decide not to take forward what we have banked in our work. The package of tenancy reforms included in Clause 34 and Schedule 3 were shown by public consultations in England and Wales to have broad support. They deliver on many of the recommendations from the Tenancy Reform Industry Group—TRIG. The noble Lord, Lord Grantchester, made that point rightly, because the Government have brought forward those recommendations which commanded broad support. These provisions will help to modernise agricultural tenancy legislation, providing tenants with more flexibility to adapt to change. That is why it is very important that they remain in the Bill, so that they can be delivered now.
I understand that the noble Earl, Lord Devon, would like to see tenancy reform delivered through a separate dedicated Bill, and I can assure him and noble Lords that both the UK and Welsh Governments are keen to engage in further discussions with members  of TRIG to explore whether any further actions may be needed to ensure what we all want, which is a thriving tenanted sector.
On Amendment 84, the tenant farming sector remains, as the noble Lord, Lord Wigley, said, and as we all know, a crucial element of agriculture in Wales. Within last year’s consultation, the Welsh Government outlined their proposals for a new sustainable land management scheme in Sustainable Farming and Our Land. It also consulted on a series of measures to modernise the tenant farming sector in the agricultural tenancy reform consultation. Policy development on tenancy reform remains ongoing in light of the consultation responses received and is being carried out in conjunction with development of sector-wide proposals for future agricultural support.
The Welsh Government acknowledge the importance of ensuring that tenant farmers are able to access any new scheme, and their view is that a Senedd Bill would provide a more appropriate legislative vehicle for that purpose. Further consideration will be given to what provision is needed in due course. The Welsh Government intend to publish a White Paper later this year to pave the way for an agriculture (Wales) Bill to be introduced in the next Senedd term.
On Amendment 87, there can of course be benefits from tenants and landlords entering into a longer-term tenancy agreement. There has been a lot of talk of three years. As far as I am aware, the parties can, if they so choose, have any length of term they desire; in the same way as with arrangements with any other property, that is a matter for the parties. I was therefore a little concerned that there appeared to be among certain of your Lordships this idea that everything was for three years and there was no leeway. As far as I know, and from my experience, that is not the case.
However, when the Government consulted on this matter of longer-term tenancy agreements, the feedback gathered indicated that introducing shorter notices to quit would be unlikely to affect significantly landowners’ decisions about the length of tenancy to offer. Other factors such as the size, quality and location of the land, and personal motivations for owning land have a much greater influence on decisions about the length of the tenancy term offered.
It is also important to recognise that, while there are benefits to longer-term tenancy agreements, shorter-term tenancies can be more suitable for different business models. For example, short-term lets have been shown to be very often more appropriate for new entrants looking to rent land on a flexible basis to gain experience. They can also be more suitable for some seasonal horticultural businesses. However, I can assure your Lordships that the Government will continue to work with TRIG on this important issue. That includes exploring how the sector can encourage more landowners to offer innovative long-term agreements to tenants who would welcome them rather than defaulting to standard short-term agreements.
On Amendment 88, when considering changes to agricultural tenancy legislation, we consider the effect on the tenant farming sector. Responses to our public consultation showed that there is not the same need  for dispute provisions for farm business tenancies as there is for Agricultural Holdings Act tenancies. I refer to this because I can well understand the instinct which questions why the two forms of tenants are not treated the same. The noble Lord, Lord Carrington, referred to these two pieces of legislation and I would like to explain why they are different. I am worried about the proposals here because, in my judgment, there are dangers.
The Agricultural Holdings Act agreements were negotiated 30 to 40 years ago, in a very different policy and commercial environment, and they often contain outdated restrictions that have not been reviewed for many years. Farm business tenancies—FBTs—are the modern commercial agreements negotiated more recently, and within the context of environmental schemes being available. This a very important point. They are reviewed more regularly, giving tenants the opportunity to renegotiate terms if they deem it necessary, for example to enable diversifications or to enter future financial assistance schemes.
Respondents to the consultation also noted the risk that challenging the terms of very recently negotiated agreements could undermine landowner confidence in letting land through FBTs, reducing opportunities for tenants in future. I cannot believe that this is what anyone wishes. My view on the tenancy structure and sector is that we need to do everything we can to foster a climate in which owners see FBTs as a desirable route for the farming of their land.
I am very concerned that, as my noble friend Lord Inglewood said, if we go along what I would call the ad hoc line, there could be unintended consequences. In my view, if we want to have more innovative new entrants coming into agriculture via the FBT system, it is absolutely necessary, with no more land being created, to have owners who might well think of having a tenancy with their neighbour or someone else, and that this is seen as a positive. Particularly given the more modern arrangements that have been so recently negotiated, I think there are dangers in this.
I say to my noble friend Lady McIntosh, because of her passionate introduction of this amendment, that the Tenancy Reform Industry Group is updating its guidance to support tenants and landowners in discussions about diversification and entering environmental schemes, including what I believe is important in any financial arrangement between parties—highlighting the benefits for both parties.
In addition, we are designing our future schemes, such as ELM, to be accessible to as many farmers and land managers as possible, particularly tenant farmers. We have six trails and test areas where landholders and tenants are working together to deliver ELM schemes. For example, the Barningham Estate Farmers Group is made up of tenant farmers and landowners who farm on and around the Barningham Estate in County Durham and North Yorkshire. It covers an area of over 7,000 acres, reaching from open moorland with blanket bog habitats and miles of dry-stone walls, through rough pasture and a black grouse lek, to hay meadows, wetlands and SSSI ancient woodland.
The group is testing an innovative cross-holding, collaborative system for planning and delivering environmental management on land that encompasses  a variety of farming systems and a tapestry of nationally and internationally important habitats. This will include testing how a natural capital approach could be used to create a landscape-scale management plan within the context of tenancy agreements, and how collaboration between tenants and landowner can be supported and incentivised.
On Amendment 81, I understand my noble friend is seeking assurances that the Government will make these regulations, and I can give that assurance. We will make them at the earliest opportunity. It is important to ensure that tenants of Agricultural Holdings Act agreements are not unreasonably prevented from entering future financial assistance schemes due to outdated restrictions in their agreements which may have been agreed many years ago in a very different commercial and policy environment. The Government will develop the details of these regulations in discussion with members of the TRIG over the next few months to ensure the interests of both tenants and landowners are taken into account.
I will take Amendments 82 and 83 together. I assure my noble friend and other noble Lords that the Government are designing ELM, and all other future schemes, to be accessible to as many farmers and land managers as possible. I have mentioned tenant farmers but, in another group, I mentioned the importance of those who work on common land. The question of landowner consent will be considered as part of the co-design process. This includes delivering test and trial projects involving tenants and landowners, so we can learn from their feedback. These dispute provisions have been very carefully constructed using feedback from the Government’s public consultation considering the needs of both parties. They are designed to offer a fair dispute process to be used in limited circumstances and as a last resort by tenants of Agricultural Holdings Act agreements who find they are unreasonably prevented from applying for financial assistance schemes due to outdated restrictions in their leases.
Broadening the provisions any further would risk undermining confidence in the benefits of letting land through agricultural tenancy agreements. In practice, many landowners and tenants come to practical agreements on environmental schemes without the need for dispute resolution. To encourage this approach further, TRIG is working on updated guidance to support tenants and landowners in discussions about diversification and environmental schemes, highlighting the benefits to both parties.
On Amendments 85 and 86 on tenancy succession, the Government consulted last year on proposals to expand the list of relatives eligible to succeed a tenancy agreement. Concerns were raised that doing so would disproportionately affect owners’ rights to their property. This is because the proposed changes could extend a tenant’s occupation of the holding for many years beyond the timescale a landowner has been expecting, particularly in the case of succession by grandchildren of current tenants. Of course, there are examples of landowners wanting and willing to negotiate solutions to family succession, such as offering long-term tenancy agreements to grandchildren of the tenant where they are the most suitable future tenant with the best knowledge  and skills to continue the farm successfully. I and the Government believe that this is a sensible way forward. The Government will continue to engage in discussions with TRIG, which represents both parties, to encourage this approach.
I conclude on these tenancy matters by underlining the supreme importance that the Government place on our ongoing work with TRIG. This is crucial as we continue our work over the coming months to implement the provisions in this Bill through regulations and then, as we take the next steps, to review and progress the actions from our tenancy consultation which require further work, either through legislative or, possibly, non-legislative means. I assure my noble friend and other noble Lords that this important work with TRIG will continue with care and attention, so that we can ensure, importantly, that landowners are confident in letting land that they own and, equally and probably more importantly, that tenants can thrive and build successful businesses.
I have something to recommend to noble Lords—and, of course, my noble friend and noble Lords can do as they wish. The reason why I have spent a little time on my reply and have considered it beyond my script is that I understand the thrust of what has been said. It is my responsibility to say that, if we want to have the numbers of new entrants, very often younger people, coming into this great and important sector, we have to think about how we can encourage people who own land, who may decide that they do not want to farm it themselves—it may be small parcels of land or large parcels of land—and do everything we can to create an environment in which this is seen as a positive and a route by which people who own land, of whatever size, decide “This is the route,” rather than saying, “Oh no, I might never be able to say that this is land I own. This is a route whereby I might go down the contract farming line or I might get a contractor in”. The tenant farming sector is, as has been identified, historic—but, importantly, there are strong reasons why, for current and future tenant farmers, we want this to be a very contemporary way of farming in this country.
In asking the noble Earl to withdraw his amendment, I take the opportunity to say to my two noble friends—for whom I have continuous regard and with whom I enjoy working—that I am very worried about the potential unintended consequences of their amendments. I will take the opportunity, if I may, to say that this is continuing work; let us get this done in a way that pulls everyone together in a consensus position. That is what we have done so far, and there is every reason to think that, through TRIG, we can make much greater progress; it may require legislation and other methods to get us forward. I very much hope that tonight at least the noble Earl might withdraw his amendment.

Baroness Garden of Frognal: I have received no requests to speak after the Minister, so I call the noble Earl, Lord Devon.

Earl of Devon: I am very grateful to all noble Lords for their conscientious and passionate contributions. I did not expect much support but wanted to prompt some vigorous debate, which I am pleased to have done.
I pay tribute to the wise work of the noble Baronesses, Lady Rock and Lady McIntosh, in this area. TRIG deserves great credit for its tireless efforts, and I agree with the noble Lord, Lord Inglewood, that we should follow the industry where we can. The ability of tenants to obtain access to financial support and support for capital improvements is important, albeit that I would note the need to maintain contractual freedom in such a highly regulated area. Increasing the opportunities for new entrants to farming via succession is also an important consideration—I say that as landlord to at least one tenancy that began under Queen Victoria. However, I note the words of warning from the noble Lord, Lord Carrington, about unduly extending cumbersome and outdated AHAs.
I have heard what the Minister had to say and appreciate the length of his response. I look forward to holding him to his assurances of further engagement with TRIG in the years to come. I agree with the need to foster enthusiasm among landlords and tenants with the increased adoption of FBTs, but preferably those that enhance the environment and our rural communities.
In three days of debate on Report, we have spent barely a late hour on agricultural tenancies. I believe this proves my point: it is not nearly enough.
Before I conclude, as this is my last appearance on Report, I thank both Ministers for their endless courtesy and patience with the efforts of a novice. With that, I beg leave to withdraw the amendment.
Amendment 69 withdrawn.

Baroness Garden of Frognal: We now come to the group consisting of Amendment 70. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 70

Baroness Jones of Whitchurch: Moved by Baroness Jones of Whitchurch
70: After Clause 34, insert the following new Clause—“Duty to sustain the UK agricultural industry workforce(1) The Secretary of State must, before the end of the period of six months beginning with the day on which this Act is passed, lay before Parliament a strategy outlining the steps that Her Majesty’s Government proposes to take to—(a) ensure an appropriate supply of seasonal agricultural workers,(b) increase the number of people undertaking—(i) practical training, and(ii) formal qualificationsrelating to agricultural work,(c) ensure agricultural workers have sufficient access to—(i) financial advice,(ii) affordable housing,(iii) mental health support, and(iv) any other support the Secretary of State deems appropriate, and  (d) ensure agricultural workers are subject to fair sectoral terms and conditions.(2) In preparing the strategy under subsection (2), the Secretary of State must consult—(a) other relevant UK Ministers,(b) the Scottish Ministers,(c) the Welsh Ministers,(d) the Northern Ireland Department, and(e) bodies that appear to the Secretary of State to represent the interests of the UK agricultural industry.”

Baroness Jones of Whitchurch: My Lords, I move Amendment 70 in my name and those of the noble Baroness, Lady Bakewell, and my noble friend Lord Whitty. I tabled a similar amendment in Committee and we had an excellent debate, with considerable support around the Chamber. I was rather hoping, therefore, that the Minister would have heard the case and taken action to follow it up—but, sadly, that hope was in vain. So I now bring back a variation, which includes my noble friend Lord Judd’s very sensible addition of access to affordable housing.
Our amendment is fairly modest. It would simply require the Government to draw up and publish a strategy to address the concerns about the provisions for agricultural workers set out in the amendment. As we argued, the workforce will be fundamental to delivering the changes in farming practice envisaged in this Bill. There are about half a million people working in the agricultural sector across the UK, and their skills will need to change.
The sector is about to experience a huge transformation, moving from low skill to high-tech, and the workforce will need the training and resources to adapt to the new world. We already know that robotics, precision farming, and data capture and analysis will become commonplace. Add to this mix the new requirements to understand biodiversity, soil and plant health, and the operation of ELMS, and we get a flavour of the challenges ahead. The sector has previously been characterised by low skill and low pay. But now there is an opportunity to make employment in the agricultural sector an exciting proposition for younger people, but only if we tackle the structural problems that hold back rewards and make it difficult to have a career and a long-term future in the sector.
Clearly, there is work taking place on a new training regime, and I was interested to hear the noble Lord, Lord Curry, talk about this during the debate in Committee. I know that he regrets that he will not be able to contribute to the debate today. I very much welcome his proposal for a professional body to raise the profile of the sector, combined with nationally recognised qualifications and standards. I look forward to their rollout. But the training has to go hand in hand with decent pay and conditions. It is not enough for the Government to refer to the gangmasters legislation and the minimum wage. All these do is guarantee wages at slightly above poverty levels. These are not the sort of wages that will attract new entrants into the sector, and we know that wages have continued to stagnate since the abolition of the Agricultural Wages Board, as well as workers having to work longer hours.  Our amendment looks to the Government to draw up proposals for fair sectoral pay and conditions, with an effective career structure.
We also had a good discussion in Committee about the need for affordable housing for the workforce. Many workers are provided with accommodation by their employer, but this has its own problems, such as restricting mobility and opportunities to move to better paid work. However, the alternative of finding affordable homes in rural areas on the open market remains a major barrier to new entrants coming into the sector. The lack of opportunities for farming tenancies is an additional factor, which of course is something that we addressed in the previous debate. Again, this is an issue that the Government will need to address if we are to attract the next generation to work in agriculture.
Finally, we know there are continuing health challenges in the sector. The level of farm accidents remains high, and the isolation and strain can lead to unacceptably severe mental health issues and, very sadly, suicides. We urgently need measures to address these challenges and provide tailored health interventions for the special circumstances of working in this sector. I was pleased to hear from the Minister about some of the initiatives taking place, but clearly more can be done.
Our amendment is modest, but no less important. I fear that the Government will continue to address the workforce problems on a piecemeal basis, rather than as a holistic and wholesale challenge. I hope that the Minister can persuade me in his response that I am wrong about that. In the meantime, I beg to move.

Baroness Garden of Frognal: The noble Lord, Lord Curry of Kirkharle, has withdrawn, so I now call the noble Baroness, Lady McIntosh of Pickering.

Baroness McIntosh of Pickering: My Lords, I thank and congratulate the noble Baroness, Lady Jones of Whitchurch, and those noble Lords who have added their names to this amendment, on bringing it forward again.
I would be interested to know from my noble friend the Minister what share of the workforce agricultural workers make up. My impression is that their numbers have declined quite steeply in recent times. If that is the case, there is a strong argument for hoping to maintain a sustainable agricultural industry workforce. Clearly, many smaller farms are relying expressly on family members, but we are hoping to rely on SAWS—the seasonal agricultural workers scheme—to help farmers and growers. I believe that the numbers are increasing, and they will make a big contribution.
I have a question that I would like to put to my noble friend, which I think was raised in Committee, although I do not recall the answer. Subsection 1(c) of the new clause proposed by Amendment 70 refers to ensuring that
“agricultural workers have sufficient access to … financial advice”.
The number of providers of such advice is quite large already; I do not know whether the noble Baroness is thinking of a new source. In our earlier debates on the Bill’s provisions, we discussed the proposal that financial advice be provided to those applying for the scheme.  Under the new scheme, what financial advice will be available to ensure a sustainable workforce? Am I right in thinking that agricultural societies and charities might have a role to play in this regard, in guiding farmers to sources of income and providing advice for the workforce in this sector?

Lord Rooker: My Lords, this is an absolutely first-class proposed new clause. It is completely rounded in many ways.
I want to deal with the first part of the amendment, which relates to seasonal workers. Again, I plead guilty because I have some history here. I realise that it means seasonal workers, and not overseas workers, some of whom are permanent—indeed, in many of our meat plants and abattoirs, their occupations are permanent. Returning to seasonal workers, we have a problem. I plead guilty to the fact that when I was the Home Office immigration and nationality Minister in 2001-02, it crossed my desk that we had to abandon the seasonal workers scheme because we were getting ready for the accession of eight new EU members in 2004, where we would recruit openly, and it was always known that Romania and Bulgaria would be ready-made sources of agricultural workers.
The one thing about the previous scheme that was almost unique was that it was based, in a way, on higher education around the world. We had, I think, workers from over 100 countries who came to the UK on a seasonal basis. I was told at the Home Office, “The thing is, they all went back home.” That was the whole point. It was very much based on higher education—they had courses to go back to, but Britain probably benefited economically for much of their time here.
Now, we are leaving the EU and we have not done anything. It is no good the Home Office simply saying that we have to recruit British people. That has not worked this year, notwithstanding the problem with the virus, and it will not work next year either. Therefore, it is not about turning the clock back, but we need a professional, strategic seasonal workers scheme. In many ways, we are unique in the things that we grow, in our climate and in the difficulty of recruiting our own people on a seasonal basis. It used to be easy to do in my younger days, as I know—as an engineering apprentice, I picked fruit in Scotland.
The fact of the matter is that we had a scheme that worked. As I say, the only reason we abandoned it was in getting ready for the accession of eight new countries to the EU—but we are leaving the EU, are we not? The point is that it was not that seasonal with the eight new countries.
It is not easy, I know, having been at the Home Office in the years I mentioned. When I turned up at Defra in 2006-08, I was on the receiving end, and thought, “Oh dear me, I made a mistake there.” Even though we were recruiting lots, we were still in trouble with the flexibility on our farms. We have now reached a point where we ought to have such a scheme. The Home Office should not be concerned or worried about it. All the evidence shows that it was based on higher education. The students were flexible; they were in different academic years and came from around the world, so they fitted in quite well. As I say, they came  from more than 100 countries—and they went back home. The Home Office seems to be obsessed with people coming to this country and staying here. That is not what the scheme was for.
Having made that point earlier, I do not wish to say anything else except that I agree very much with what my noble friend said about the work of the noble Lord, Lord Curry. I absolutely 100% support the thrust of this rounded amendment.

Lord Judd: My Lords, I strongly support this amendment, as indeed I did in Committee. I thank my noble friend for being so resolute in standing by it. I express my appreciation for the way in which she so warmly welcomed my small but important amendment in Committee; it is now incorporated in the proposals before us.
The position on housing can be dire for those who wish to work on the land. It is simply impossible to find housing that is affordable. The absence of other public services and support services is a great hazard too because, let us face it, so much of the countryside has been turned into a middle-class urban extension.
Affordable housing is crucial, but the main point that I want to make in support of the amendment as a whole is that we can debate how we want the land organised, arrangements for ownership and so on, but in the end it is the motivation, quality, training and preparation of the workforce who are going to work the land that is crucial. This amendment is the result of an utterly sensible understanding that if we want to have successful agriculture, we need an enlightened, positive approach to the preparation of people, particularly young people, wanting to enter the profession in order that they may be as well equipped as possible to work it effectively.

Baroness Jones of Moulsecoomb: My Lords, this is indeed an excellent amendment. I congratulate the noble Baroness, Lady Jones of Whitchurch, and the other noble Lords who signed it. It would make a fantastic improvement to the Bill and to the future of our farming industry because it takes such a wide-ranging and holistic look at the agriculture and land management workforce, including training, mental health, financial health and, of course, affordable housing. Affordable housing is hard enough to find anywhere in Britain, but on the land it is even harder.
Noble Lords know that the Bill represents quite a sea change in our approach to land management and is an opportunity to craft a much greener future. We need to train and develop what one could call a new land army to seize this opportunity. The future needs new skills, new knowledge and a new passion for our natural world. Without a workforce plan we will fail to deliver the intended changes, so I think the Government should embrace this opportunity and accept the amendment.
At the very least, the Minister should undertake to conduct a broad and far-reaching workforce review and planning process. I know that we keep asking for plans for definitive actions but they really are necessary and they are so lacking in the Bill. In particular, what conversations has the Minister had with colleagues in the Home Office about the post-Brexit migration system  and the availability of highly motivated people from all over the world who would like to come to Britain to contribute to what I hope is going to be our greener farming system?

Baroness Bakewell of Hardington Mandeville: My Lords, it is a pleasure to follow the noble Baroness, Lady Jones of Moulsecoomb. I have added my name to Amendment 70. The noble Baroness, Lady Jones of Whitchurch, laid out the case for it very well and I support her comments.
Both at Second Reading and in Committee, Members of this Chamber raised the issues of the safety of agricultural workers and their access to training. Despite safety measures, it is not uncommon for farmers to have fatal or life-changing accidents during the normal course of their working day. The noble Baroness, Lady Jones of Whitchurch, referred to the levels of mental illness and suicide among the farming community. Training is important to help prevent this, and it is vital, too, to ensure that new methods and technological advances which could make their lives easier are also readily available.
I welcome the addition of affordable housing to the list of things that the Government must ensure. We have debated previously the dire lack of affordable housing for farmers and those who work on the land. Often, this is due to second home owners, who push up the price of homes for local people both to buy and to rent. The amendment would help overcome that barrier.
I also welcome the inclusion of the proposed new paragraph that would ensure an adequate supply of seasonal workers—a matter that I have spoken about previously. I support the comments of the noble Lord, Lord Rooker.
The farming day is extremely long—a bit like being on the Agriculture Bill—especially at certain times of the year, such as during harvest. The farmer has little time to spend away from the land, and it is therefore important that training is available both online and at a convenient time and place.
Agriculture is an industry like many others. Other industrial workers have health and safety measures that protect them, and access to training to help them improve in their performance and jobs. There are no reasons why agricultural workers should not also have access to this advantage.
I know that the Minister agrees with the thrust of the amendment. I hope that he will be able to accept the arguments that have been made and agree to the amendment.

Lord Gardiner of Kimble: My Lords, again, all the topics raised in the amendment of the noble Baroness, Lady Jones of Whitchurch, are worthy of a much longer debate—no doubt at another time. The amendment highlights the absolute importance of our agricultural workforce. It is important to recall that, with the changes that have occurred and the way that farming is currently done, very often the farmer and his family constitute the entirety of the workforce, compared with the time when, even on smaller farms, many more people would have been employed.
This Government wish to see a strong and resilient workforce across both permanent and seasonal roles. This year has seen initiatives such as the successful Pick For Britain campaign, and Defra will ensure that we continue to recruit British workers into the agricultural sector.
I say to the noble Lord, Lord Rooker, and the noble Baroness, Lady Jones of Moulsecoomb, that we have held discussions with the Home Office. The seasonal workers pilot, held this year, has engaged thousands of workers to travel to work on UK farms, with 6,161 visas issued so far this year—that is the figure that I have with me tonight. The results of the pilot will be very important in enabling the Government to shape and inform future policy on the seasonal workforce.
It is a priority of the Government to ensure an agricultural sector that is not only successful and effective but one in which workers are treated fairly. Skills and training in agriculture will be of increasing importance to enable an innovative, productive and competitive agricultural sector which invests in people and their skills. The needs of agricultural businesses are always changing, and it is critical that skills providers can keep pace. This is particularly important as elements of horticulture and agriculture become increasingly technical and specialised, with advances in technology and automation.
In reference to a question my noble friend Lady McIntosh asked me, agriculture now employs 1.2% of the workforce. That is 476,000 people, 300,000 of whom are permanent agricultural workers—think what that was before mechanisation, when there were probably millions of people working on the land.
Training must recognise the role that advanced land management skills will play in this sector in future and further respond to any changes to requirements caused more immediately, for instance, by the impact of coronavirus. Work is currently ongoing to support this through the agricultural productivity task force of the Food and Drink Sector Council and the skills leadership group. I will send the noble Lord, Lord Curry, a copy of my remarks tonight; I much regret that he is not with us. This was an important point raised. This work aims to remove the fragmentation in the current farming training landscape. It will enable the industry to drive forward a greater uptake of skills, creating clear career-development pathways and promoting the sector as a progressive, professional and attractive career choice. Additionally, we continue to support the work of the Agriculture and Horticulture Development Board, AHDB, which is creating new methods of training to assist in the recruitment and training of seasonal workers.
The Government also fund apprenticeships for training in agricultural occupations. There are currently 32 high- grade apprenticeship standards available in the agriculture, environmental and animal care sector, ranging from level 2 general farm worker to level 6 agricultural/horticultural professional adviser. Employer groups are working with the Institute for Apprenticeships and Technical Education to develop a further seven standards. In 2018-19, there were 7,000 enrolments for apprenticeships in the agriculture, horticulture and animal care sectors.
In higher education, the UK is home to many internationally renowned specialist universities that offer highly technical courses covering food production, animal sciences, engineering and sustainable business, among many others. The UK boasts research institutions that are leading the world in understanding crops and livestock. I think particularly of the association of the noble Baroness, Lady Jones of Whitchurch, with Rothamsted as an example of the really outstanding research institutions on which we and the world will rely.
The amendment also raises the important issue of mental health. The mental health of all sections of the population, including farm workers and those living in rural areas, must surely be a top-order priority. I think we in our generation are all very much more aware of the imperative of addressing this than previous generations, which went through many travails. We are at last recognising and tackling this much better, but there is undoubtedly much more to do.
Defra has for many years provided annual funding to the Farming Community Network, FCN, for pastoral and practical support. The FCN has approximately 400 volunteers located throughout England and Wales who provide free, confidential pastoral and practical support to anyone who seeks help. The Rural Payments Agency works closely with Farming Help organisations to support the farming community in England. That includes having hardship arrangements in place for farmers facing financial difficulties.
Defra also supports the well-being of farmers through a programme of research and is carrying out an initial phase of resilience support through the future farming resilience fund, which this year is providing a £1 million project to provide support to farmers and land managers in England to help them prepare for the agricultural transition. I say to my noble friend Lady McIntosh that, yes, the financial support includes business support and advice. The project covers a range of business and well-being support approaches and measures across different sectors and regions to improve resilience and mental health. Evidence coming from this project will help inform the design of a national scheme, which is currently in development for a launch in early 2022.
On rural housing, I think your Lordships know that I facilitated a rural housing scheme at Kimble many years ago, and it is an issue on which I place great personal importance. The Government recognise that improving the availability of affordable housing in rural areas is essential to sustain thriving rural communities and to support the rural economy. My aspiration of multigenerational villages is very strong. Between April 2010 and March 2019, over 165,000 affordable homes were provided in rural local authority areas in England. Additionally, local authorities can already take advantage of rural exception sites to ensure that affordable housing can be provided to meet local needs, including for agricultural workers. The revised National Planning Policy Framework also supports farmers, with new policies to support the building of homes in isolated locations where this supports farm succession. Permitted development rights allow for the change of use of an agricultural building to a house. In 2018, the regulations were amended to allow up to  865 square metres of floor space to be converted, and up to five dwellings, an increase from the previous three.
I am very concerned for farmers’ and farm workers’ health and safety. The Health and Safety Executive is working closely with a wide range of stakeholders, including the NFU, to promote key messages that will prevent death, injury and ill health. This is an issue that the deputy president of the NFU, Stuart Roberts, and I, have spoken about at almost every meeting we have had. The HSE is working with farm safety partnerships of England, Wales and Scotland to help them drive forward the improvements needed in the farming industry.
I have tried to pick up the points that the noble Baroness, Lady Whitchurch, put into her amendment. If there are any areas that she would like to discuss further in terms of what we are doing and the importance of this work, I will be available to her whenever she wishes. I hope that I have demonstrated that in every sphere important work is already in hand. We need the skilled workforce and the right conditions for people to come and work in the countryside, now and in the future. On that basis, I hope that the noble Baroness feels able to withdraw her amendment.

Baroness Jones of Whitchurch: My Lords, I thank all noble Lords who have contributed to this short but very interesting debate. I agree with my noble friend Lord Rooker that we have got a long way to go in getting the policy on seasonal workers right, despite what the Minister has said. We need a huge extension of SAWS. Every time I have talked to the Minister, he has said things along the lines of the Pick For Britain scheme being a success. There are very mixed stories coming out about that scheme, which was slightly predicated on using furloughed British staff to carry out that work in the fields, and that is obviously not a long-term solution. I hope that before we get too complacent about that, the Government have a proper review of the Pick For Britain scheme. To my mind, it was meant to be a short-term initiative. If it is to be a longer-term scheme, we need to look at how successful it has really been.
I thank the noble Baroness, Lady Jones of Moulsecoomb. She is right, and although I do not know if “land armies” is quite the right phrase, I know exactly what she means. We need to bring it all together into some sort of workforce plan with a holistic approach to delivering on all of this.
The noble Baroness, Lady Bakewell, and other noble Lords, raised the issue of training; she is quite right to say that this is not just about the rather old-fashioned courses that we used to have at FE colleges and so on. We can do far more now in terms of online training, flexible training and training for life, because it is not just about going on a course for a year. It is something that should become absolutely integrated into our workforce activities.
I was pleased to hear from the Minister about some of the training and apprenticeship initiatives taking place. As they go on, it would be good to have an update on them. I was also pleased to hear from the Minister about the health and mental health pilots taking place.
To my mind, there is a lot going on. I shall make a point that I do not think anybody picked up on, but I made it originally and will make it again. It is that this is not just about training. It is about pay and rewards, as well as having a career structure. The proposals made by the noble Lord, Lord Curry, for nationally recognised qualifications and standards could be the basis of some new pay structure or pay award scheme. I hope that will be included in the considerations.
I hesitate. I was in two minds about whether we should vote on this. I return to my earlier point: I am anxious that, while lots of initiatives are taking place, they are not being brought together and it is all being done slightly piecemeal. Going back to the point made by the noble Baroness, there needs to be a more coherent workforce plan. I think, on balance, I will give the Government the benefit of the doubt on this at this point in the evening, so I beg leave to withdraw the amendment.
Amendment 70 withdrawn.

Baroness Garden of Frognal: My Lords, we now come to the group beginning with Amendment 71. I remind noble Lords that Members other than the mover and the Minister may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this or anything else in the group to a Division should make this clear in debate.

Amendment 71

Baroness Hodgson of Abinger: Moved by Baroness Hodgson of Abinger
71: After Clause 34, insert the following new Clause—“Export of farmed animals for slaughter without prior stunning(1) A person commits an offence if the person exports to any country outside the United Kingdom a farmed animal for slaughter without prior stunning within ten weeks of arrival at the place of destination.(2) A person commits an offence if the person arranges or facilitates the export to any country outside the United Kingdom of a farmed animal for slaughter without prior stunning within ten weeks of arrival at the place of destination.(3) Subsections (1) and (2) do not apply to the export of a farmed animal from Northern Ireland to the European Union.(4) A person commits an offence if the person transports, arranges or facilitates the transportation of a farmed animal from Great Britain to Northern Ireland for slaughter, unless the animal is to be slaughtered in Northern Ireland.(5) The Secretary of State must by regulations establish a certificate to be issued on export to certify that—(a) a farmed animal exported to any country outside the United Kingdom will be stunned before slaughter;(b) a farmed animal transported from Great Britain for slaughter in Northern Ireland will be slaughtered in Northern Ireland.(6) Regulations under subsection (5) are subject to affirmative resolution procedure.(7) A person guilty of an offence under subsection (1), (2) or (4) is liable on summary conviction—(a) in England and Wales to—(i) imprisonment for a term not exceeding 51 weeks;(ii) a fine; or(iii) both;(b) in Scotland to—  (i) imprisonment for a term not exceeding 12 months;(ii) a fine not exceeding level 5 on the standard scale; or(iii) both.(8) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (7)(a) to 51 weeks is to be read as a reference to 6 months.”Member’s explanatory statementThis new Clause prohibits the export from Great Britain of farmed animals for slaughter without stunning. It provides that farmed animals transported from Great Britain to Northern Ireland for slaughter must be slaughtered in Northern Ireland.

Baroness Hodgson of Abinger: My Lords, I shall speak also in support of Amendments 72 and 73 in this group, which were tabled by my noble friend Lady Fookes. I remind noble Lords of my registered interests, which I highlighted in Committee.
All three amendments would enable us to put an end to much suffering incurred by thousands of animals when they are exported for slaughter or fattening. In their manifesto, the Government committed to end excessively long journeys for slaughter or fattening, so let us take this opportunity to deliver on that promise and put it in the Bill. Why wait? As I said in Committee, exporting animals for slaughter is simply a welfare insult. In this day and age there is no reason why they cannot travel on the hook rather than on the hoof.
I do not want to reiterate all the examples we discussed in Committee, but I remind your Lordships to look at the figures. The Animal and Plant Health Agency reported that around 40,000 animals were exported last year. Of those, around 30,000 were sheep, with only around half going to the continent. Some were transported all the way across Europe to countries that have a large onward trade to the Middle East. The long journeys are stressful for the animals and in some cases result in enormous suffering due to, for example, overcrowding, high summer temperatures and injuries received en route. On top of that, they can end up in fattening or slaughter systems that would be illegal in this country.
I believe that even in this country animals should be slaughtered at the closest point to production as a default option, and Amendment 73 addresses this. I understand that it is supported by the BVA. While I understand that various options in this area are being looked at, I point out that Amendment 73 would not come into effect until the end of January 2023, which gives us time to achieve that. As this was in our manifesto, surely the Bill is the right place to move this agenda forward and ensure that it happens.
Amendment 71 builds on the debate we had in Committee. In addition to Amendments 72 and 73, which focus on slaughter and fattening, and restricting journey times, it would specifically prohibit the export from Great Britain of farmed animals for slaughter without stunning. It provides that farmed animals transported from Great Britain to Northern Ireland for slaughter must be slaughtered in Northern Ireland and cannot be taken further afield before being killed.
In Committee the Minister stated:
“The Government encourage the highest standards of animal welfare. Although our policy is to prefer that animals are stunned prior to slaughter, we accept the rights of Jewish and Muslim communities to eat meat killed in accordance with their religious beliefs”.—[Official Report, 16/7/20; col. 1801.]
I emphasise that I too respect the needs of our multicultural society in the UK. If, as the Minister stated, it is our policy to prefer that animals are stunned prior to slaughter, as long as enough animals are killed in accordance for UK halal and kosher consumption, I see no reason for the Government not to accept this amendment regarding export.
Indeed, the RSPCA and Compassion in World Farming have highlighted that more animals than are needed are already killed without stunning for UK halal and kosher consumption so that they are more flexible for sale. Figures from the Food Standards Agency indicate that in 2018 more than 94 million cattle, sheep and poultry were slaughtered without stunning. In addition, a Food Standards Agency report last year highlighted that 90,000 of the 2.9 million non-stunned animals slaughtered for kosher-certified meat were rejected as unfit for religious consumption and went into the general market unlabelled. This needs to be addressed so that there is equality of choice and those who would choose not to eat meat from an animal killed without stunning can identify that meat.
The BVA states that there is evidence that non-stun slaughter is highly likely to cause pain, suffering and distress. More animals than are needed are currently killed without stunning for the UK market. I personally find the figures I stated shocking and believe that we should kill only as locally as possible and only what is needed in this way.
The amendment would not prevent UK communities eating meat killed in accordance with their religious beliefs. What it would do is prevent British animals having to undergo long, stressful journeys to be killed in a way highly likely to cause pain and distress. Surely one of the main reasons for leaving the EU was so that we could put in place laws that we feel are right. The litmus test of humanity in a country is how we treat the vulnerable, and animals are surely among the most vulnerable. This trade is just utterly cruel, and if the UK wishes to consider itself a country leading in animal welfare, it needs to stop such practices around the export of animals now. I beg to move.

Baroness Fookes: My Lords, I support my noble friend Lady Hodgson of Abinger most warmly. She has put the case on the various amendments powerfully, with great conviction and great compassion. I share her feelings and I hope this will not be lost on my noble friends on the Front Bench.
I do not want to add any more to what my noble friend said on her Amendment 71, except to point out that when the original exemption was made to allow religious communities with real scruples to have animals that have not been pre-stunned, it was never intended that they should be the subject of exports. I see no reason why unscrupulous traders should benefit from this so that they can send animals away to where pre-stunning is not so common. This ought to be dealt with very quickly indeed.
The amendment standing in my name and supported by my noble friend is a reintroduction of an amendment I brought forward in Committee to ban the export of live animals for slaughter or for fattening. This has been a gripe and a passion of mine for many years—in  fact, since I was a young MP in the House of Commons. That shows you how long ago it was, because I am no longer the spring chicken—probably some people would regard me as an old boiler.
I feel very strongly on this issue, but I have concerns even about my own amendment, because we have had to include a provision permitting animals going to Northern Ireland freely to go into the Republic because of the withdrawal arrangement. This worries me enormously, because, once they are there, they can then be moved freely around all countries belonging to the European Union. Although there are supposedly welfare regulations which prevent them travelling for too long, they are weak and not enforced, so you might as well say they do not exist at all, because that is the plain fact of the matter. I worry that those who still want to send animals abroad will use this provision as a loophole.
I became more concerned about this only very recently. I did not know that the Port of Ramsgate, through which most animals currently exported go, tried to ban animals passing through it. The exporters took the port to court and unfortunately the court found for them and not for the port. That indicates the lengths to which they will go. Therefore, I am concerned about the possibility of animals being sent to Northern Ireland and the situation being almost worse than that which we have now. That is something on which I hope the Government will reflect carefully. I hope that they will be able to tell us that they will come forward with some arrangement, beyond my ken, which deals with this situation.
The other amendment standing in my name, again supported by my noble friend, would ration the hours which animals can spend in transport. I accept that this is a probing amendment. I am concerned about the hours for which animals travel, which came home to me in Committee, when I was horrified to learn of the extent to which animals travel within the United Kingdom. I had not quite appreciated that, so concerned had I been about animals going abroad. I saw this as an opportunity again to take up one of the manifesto commitments on ending excessively long hours for animals in transport. I remind my noble friends of that commitment.
I accept that this is a slightly strange way round of doing things. Normally, if a Government were going to introduce a measure such as this, they would get hold of the “stakeholders” beforehand—I think that is still the fashionable expression; that is, those whose livelihood depends on farming and transporting and who might be affected by any changes in the rules and regulations—and experts, such as vets and key farmers, who understand all the details of what it means to transport animals and can bring their expertise to bear. It is quite likely that one would want different hours for different types of animal. We know that calves are extremely sensitive to travel and feel it much more—they are also much more closely affected by temperature fluctuations. It also depends on the vehicles carrying them: whether they are good, bad or indifferent. My proposed new clause would permit distinctions to be made, and there is also a time lag. None the less, I recognise that this is the wrong way around, and I am sure that people can  pick every manner of hole in the suggestions that I have made. However, my main concern is to ensure that the Government get on with this and bring forward really good arrangements.
I understand that the Farm Animal Welfare Committee has done a lot of detailed work on this issue, so I hope that we can pick up on that, in addition to the point already made by my noble friend, that the British Veterinary Association has it laid down as a cardinal principle that animals should be slaughtered or fattened as near as possible to where they were born or raised. I look to the Government this evening to bring forward some real progress.
In conclusion, I remind my noble friends of the old biblical story of the widow and the unjust judge. The unjust judge refused to deal with the widow’s just complaint so she badgered him and badgered him until he gave in, not because of the law but because he could not stand it any longer. I do not want to place the Government in the position of the unjust judge, nor do I particularly want to be the importunate widow. However, I give notice to my noble friends on the Front Bench that if we do not get some action soon, I shall take upon myself the mantle of the widow bullying the unjust judge.

Lord Russell of Liverpool: The noble Lord, Lord Rooker has withdrawn, so I call the next speaker, the noble Lord, Lord Palmer of Childs Hill.

Lord Palmer of Childs Hill: My Lords, I wish to speak against Amendment 71. I thank the noble Baroness, Lady Hodgson, for the thrust of her argument, with which I agree. I agree also with the noble Baroness, Lady Fookes—but not that she is an old boiler.
This is one of a series of amendments dealing with the export of live animals for slaughter. At the heart of Judaism is animal welfare and the very strict prohibition from causing harm to animals. The UK Jewish community has often raised the issue of animal transport, as it has serious concerns over both the length of time animals spend in transport and the conditions they are kept in during the journey. I stress that I know of no such exports from the UK for the kosher food trade, so I have no problem with Amendment 72.
In principle, I support a blanket ban on the export of live animals for slaughter. However, Amendment 71 singles out religious communities, such as Jews and Muslims, for no logical welfare reason. It suggests that only animals destined for religious slaughter should be forbidden from being exported, as if the method of slaughter makes the slightest difference to the animal’s horrendous journey. Furthermore, the standard of welfare at slaughter, with only very slight variants, is uniform across Europe as governed by EU directive 1099, which I understand will be retained in UK law post Brexit. No welfare benefits would accrue by preventing animals being transported for religious slaughter alone, travelling to France or other European countries, as regulations on religious slaughter there are identical to those here.
Amendment 71 seeks to claim that industrialised slaughter is somehow more humane than religious slaughter, and there is simply no conclusive evidence to support that. Just visit any abattoir—they are pretty horrendous. Stunning is an all-encompassing animal welfare panacea, which some hope will be unquestioningly accepted as such. We have had this argument often in this House, but in reality mechanical stunning methods, which may include asphyxiation by gas, electrocution by tongs or water or shooting with a captive bolt gun, cause pain to the animal. They also frequently go wrong, leaving the animal in even greater, prolonged distress. We have had this argument before on labelling an, came to the conclusion that we should label everything to say how it was killed. I have no problem with that.
Shechita—kosher killing—incorporates an integral and irreversible stun by severing the anterior structures of the neck with a rapid transverse incision using an instrument of surgical sharpness. I could go on at greater length about the methods but it is rather bloodthirsty, for the reasons needed to kill an animal.
Amendment 71 only seeks to stigmatise religious communities by belittling their legal method of slaughter for no logical welfare benefits. Yes, ban animals from travelling long distances. We should be against—as Amendment 72 is, quite correctly—sending animals on long horrendous journeys to be slaughtered by any method. So please look in the long term at the fact that we need to stop animals having horrendous journeys, so that what happens at the end of them is irrelevant because they are not being exported.

Lord Russell of Liverpool: The noble Baroness, Lady Noakes, has withdrawn from this group, so I call the next speaker, the noble Duke, the Duke of Montrose.

Duke of Montrose: My Lords, I am very glad to be able to talk on this subject, and I declare my interest as a livestock rearer in Scotland.
This group is much focused on animals involved in exports, and I was thinking that many other speakers in the House today would want to comment on this. My remarks today are directed at Amendment 73—in the name of my noble friend Lady Fookes—in this group, which is, in the first instance, to do with the transport of animals within the UK. However, some comments inevitably will have a bit of a read-over to exports.
My noble friend Lady Fookes has a reputation as one of the foremost advocates of animal welfare in the UK, and this amendment brings forward a lot of proposals that would make life easier for animals and—if they had a chance of a practical outcome—might even make life easier for farmers. However, I will point out what seem to me like some practical difficulties. At the same time, it is proposing a very different world to the one that most of us see around us, and it would require a great deal of government intervention to bring it about. My noble friend Lady Hodgson is pressing the Government to do something in regard to the verbal intention they have given, but I feel it is a fairly big ask at this point.
My noble friend’s concept of requiring producers to take their animals to the nearest abattoir within 10 kilometres, unless prevented by a list of circumstances, has got problems, not least that in the last 10 years we have lost over 200 small abattoirs across this country. There has been some reduction in certain kinds of stock, but a major trigger was the regulations that were brought in from Brussels about the equipment and standards in abattoirs, and we are committed to maintaining those standards.
The end product of any of these units is a very perishable commodity, and I have no doubt that everyone is aware of that. The prices vary widely every year, both by season and availability in world markets. To limit farmers to only one buyer in a small abattoir is a recipe for commercial rip-offs. As a farmer in a mountainous area of Scotland that relies on sheep production, I say that we are only economically able to produce lambs in a limited season, and the net effect is that, at certain times of year, there is a huge flood of lambs looking for buyers, while at other times there is practically nothing that would keep the processing chain viable.
However, if my noble friend can achieve a solution to these drawbacks, there is another difficulty that is contained in her proposal. Due to a lack of small local abattoirs, farmers take their stock to livestock auction markets or collection centres, where the numbers can be combined to make the cost of haulage economic to an abattoir that has capacity for those numbers.
There is a difficulty in that all these markets and sites are regarded as agricultural holdings, and most of the stock will have come from more than 10 kilometres away, while all of it would be required to be held at these units for 24 days before undertaking a journey of up to 10 hours. This happens to be almost exactly the driving time from the two main markets of Aberdeen and Stirling to what is currently one of the main recipients of their throughput. It strikes me that the amendment as currently worded applies particularly to journeys starting in England; perhaps it is more than a coincidence that it has not described journeys starting in Scotland.
Unless there is a ready way of overcoming these major drawbacks, would we not make better use of this time to apply our minds to what would make livestock transport more bearable for the animals themselves? I would like to draw your Lordships’ attention to one of the most distant parts of the United Kingdom. On the Islands of Orkney, animals have to be driven to a ferry, but they have developed pods for the animals on the ferry, such that the journey to Aberdeen is regarded as an animal’s rest period before starting an ongoing journey. This does not read over immediately to other forms of transport, but it shows that, with a little thought, there could be other solutions. But I am afraid that, with its present wording, I would not be able to back Amendment 73.

Lord Judd: My Lords, for a number of years in the 1960s and 1970s, I had the honour of representing one of the Portsmouth constituencies in Parliament. With a home in Portsmouth at that time, I was close to all that was happening. An abiding memory, which I cannot drive from my mind, is of the sheer  dismay one felt at the noise of the frightened, uncomfortable, anxious cattle and sheep on the quayside, waiting to be transported to the mainland of Europe or elsewhere. It was a horrible sound, and it became all the more poignant because it was right beside thousands of decent British people setting off on their journeys by car, in comfortable boats with good catering facilities, for their holiday abroad.
Since then, having moved to the north of England 25 years ago and become very much part of our rural community—I live in quite a remote valley—it frequently strikes me that the contrasts are appalling. There is the beauty and scenic value of these wonderful cattle grazing in the fields. We know they are sentient beings. What fate is about to overtake them? It seems crucially important that, as civilised beings, we set the highest standards in these areas, and I am very glad to see that a number of your Lordships feel as strongly as I do, if not more so, and have taken the steps to give us the opportunity to support amendments to persuade the Government to give greater expression to our civilised values in the way we treat our fellow sentient animals, be they sheep, cattle or whatever. It will be a blot on our conscience—on our whole being—if we stand by while these appalling journeys are undertaken.
It is not just the conditions in Portsmouth, or God knows what conditions there are on the ship, or in what transport and for how far on arrival in a foreign country the animals will travel. It is the way in which in Britain we move our cattle about. They are sentient beings that have been grazing, enjoying and enhancing the countryside, but are then herded, full of anxiety and bewilderment, into vehicles that are driven impersonally. There is a lot that we can do to improve the animal kingdom for which we are responsible.

Baroness McIntosh of Pickering: My Lords, I am delighted to follow the noble Lord, Lord Judd. I am full of admiration for the doughty campaigners who have tabled this little group of amendments, and I pay tribute to them. I support the comments of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71. It is misplaced and would open a can of worms if it were pressed.
I am grateful for the comments of my noble friend the Duke of Montrose, who is a hands-on farmer, which focused on animals for export. As I said in Committee, I have had first-hand experience of this issue. My noble friend Lady Hodgson of Abinger referred to Compassion in World Farming, an organisation that I first came across in about 1994. At that time, a mother and daughter ran that marvellous organisation with the support of Linda McCartney, bless her. They engaged a lot of students to come along to the port of Brightlingsea after their success in closing down the Port of Dover to live exports. Brightlingsea took all the remaining livestock due to go to the continent of Europe. As I mentioned in Committee—I shall not labour the point—I boarded the ferry and saw the disembarkation of the livestock, mostly sheep. They were happy and extremely comfortable. It was stress-free.
I pay tribute to the role of successive Governments and this Government in making sure that we have about the strictest animal welfare provisions across  the European Union—my noble friend Lady Hodgson referred to this—and we have been in the vanguard of that. Everything that my noble friends are setting out to do in Amendment 72 has already been achieved. When he sums up, I am sure that the Minister will confirm that this will continue to be the case in retained legislation after the end of the transition period. We have reached an understanding through the Northern Ireland protocol, and I should be particularly alarmed if we sought to reopen that. Potentially, with all the amendments in this group, we could open a can of worms that would lead to major unintended consequences.
My noble friend the Duke of Montrose made a compelling point about the consequences of closing the abattoirs. More than 10 years ago, I was an MEP when the EU directive on abattoirs and slaughterhouses was made, and it was our gold-plating in this country that led at the time to their closure across the United Kingdom, with devastating consequences at the time of the foot and mouth outbreak because the livestock had to be transported for much longer distances than would otherwise have been the case.
I believe that we have reached a very good position under the rules that already pertain in the EU rules of animal movement. I would be very reluctant to see those reopened and, in any event, we are bound by the World Trade Organization rules that—I understand—prevent such a total ban on exports. I hope my noble friend will take the opportunity to confirm that this is the case. I pay tribute to the work that this Government, and successive Governments, have done to get us to this animal welfare state we have currently reached.

Baroness Jones of Moulsecoomb: My Lords, I congratulate the noble Baronesses, Lady Hodgson of Abinger and Lady Fookes, on tabling these amendments. I assure the noble Baroness, Lady Fookes, that she still thinks like a spring chicken, which is very admirable. I would support these amendments much more strongly if I did not absolutely abhor the whole concept of live animal exports. That we still do this absolutely sickens me, and it is way over time to stop this in its tracks and simply accept that it is inhumane.
However, one thing that annoys me, as somebody who voted for Brexit, is that this was one of the common examples we were given of what could be achieved outside the EU—the banning of live animal exports. These were the sort of promises made to people like me, compassionate Eurosceptics who wanted the freedom to create a better country. We certainly have not done that. Unfortunately, like most of the nice promises made by the Brexit campaign, restricting live animal exports seems to have gone in the bin in favour of the nasty stuff, like restricting immigration. We listen to the racists and we do not listen to the people who care about animals.
Your Lordships’ House really ought to think very hard about these ideas. I was swayed by the points of the noble Lord, Lord Palmer of Childs Hill, on Amendment 71, but I do support Amendments 72 and 73 because they would make huge leaps forward in animal welfare, and end the needless suffering of long, stressful and painful journeys to slaughter. This is one of the many things that people voted for in supporting Brexit. It is the will of the people and should be delivered.

Baroness Parminter: My Lords, I thank the noble Baronesses, Lady Hodgson of Abinger and Lady Fookes, for tabling these amendments and enabling these important animal welfare issues to be debated tonight. I shall speak on Amendment 71 first, prior to taking on Amendments 72 and 73.
On Amendment 71, I accept the scientific evidence that the practice of killing by throat cutting, without pre-stunning, compromises animal welfare. This is also the view of the BVA. However, I respect the arguments of those who believe that the animal welfare concerns do not outweigh the rights of our own communities to religious freedom.
Government trade policy should refuse to look at exporting our livestock to other countries for slaughter without pre-stunning, as the noble Baroness, Lady Fookes, so powerfully articulated. It is possible to take advantage of new trading opportunities that we are told will open up post Brexit without agreeing to export animals slaughtered without pre-stunning. New Zealand exports huge quantities of sheep to the Middle East, and all are pre-stunned with halal certification.
In supporting the aims of this amendment, I ask the Minister to confirm that when the noble Lord, Lord Grimstone, said earlier today, in response to a question, that the UK is at
“the cutting edge of free trade agreements”
this does not include the Government seeking to increase trade through increasing our exports of farm animals which are not stunned before slaughter.
I absolutely support the principles of Amendments 72 and 73. In fact, when I joined the RSPCA in the 1990s my first campaign, and one of the proudest I have worked on, was on the issue of live transport. I echo all the comments of the noble Lord, Lord Judd, about the number of animals who suffer and the quite unnecessary levels of suffering that go on, given that this is all about profit. While I support the aims of these amendments, I understand what the noble Baroness, Lady McIntosh, said about concerns over the WTO complications. Equally, I think I am correct that live transport is a devolved matter and, as such, the Bill cannot make provisions concerning it for another Government. My personal understanding is that the Scottish Government oppose a ban on live exports.
The Minister might therefore say to us at the end that the Government are not able to accept this amendment. However, he can outline how they intend to tackle the economics that drive this trade. The Farm Animal Welfare Committee report, which the noble Baroness, Lady Fookes, reported to, was commissioned by this Government and the devolved nations back in 2018. It recommended improvements to transport journey times, ship and lorry standards and possible maximum journey times, once we leave the EU’s regulatory orbit. This approach would be WTO-compatible and achieve the same results as stopping the live exports, as it raises costs, and live exports only happen because of the economics.
When will the Government release the report from FAWC—now known as the Animal Welfare Committee —and, at the same time, undertake alongside it a consultation on live transport and exports? I would like to hear that it is an imminent consultation because, as the noble Baroness, Lady Jones of Moulsecoomb,  mentioned, during Brexit we heard a lot about how Brexit was going to be about improving animal welfare, and live transport was an issue that was trumpeted. We have had that FAWC report since 2018. If we do not see something imminently—and I would expect that to be in the next few months—we can only assume that this is just another hollow promise from the Government on their commitment to animal welfare.

Baroness Jones of Whitchurch: My Lords, I intend to speak briefly, but in doing so I thank the noble Baronesses, Lady Fookes and Baroness Hodgson, for these amendments. As the noble Baroness, Lady Fookes, reminded us, she has been a lifelong campaigner on these issues and I pay tribute to her infamous doggedness and determination.
Noble Lords will recall that I spoke in favour of similar issues in Committee, and nothing I have heard then or since has dissuaded me from my view that exporting live animals is cruel and unnecessary. The noble Baronesses have once again illustrated the appalling animal cruelty that occurs in long-distance transport, whether through accident or deliberate neglect. It is clear that the occasional stories which appear in the press are symptomatic of a much deeper and endemic problem.
In Committee, the Minister reassured the House that the Government are actively considering how to take forward their manifesto pledge to end long journeys for animal slaughtering and fattening, whether in the UK or abroad. We welcome that commitment and look forward to receiving more details. The Minister also warned that the issues were complex, and we acknowledge that. But I sincerely hope that this will not be used as a reason for inaction, as he can be assured that the British public have high expectations in this regard. So I hope he is able to reassure us tonight that progress is being made and that the Government do now have a plan to deliver that manifesto commitment.

Lord Gardiner of Kimble: I thank all noble Lords for this serious debate. I understand the sentiments behind these amendments. The UK already has world-class animal welfare standards that this Government are committed to strengthening. The Government have been clear that, as part of our animal welfare reform programme, we want to tackle the issue of farmed animals exported for slaughter and fattening. We are carefully considering how best to implement our manifesto commitment to end excessively long journeys for animals going for slaughter or fattening. I want to say to the noble Baroness, Lady Jones of Moulsecoomb, in particular, given her commentary, that of course we are still in the transition period. This is not possible for us to do; we cannot do it at the moment—we need to get beyond before we do these things. But I shall say more on that in a moment.
First, on the amendment on a ban on exports of live animals for religious slaughter, it is a long-standing government commitment to respect religious freedoms and, although our policy is to prefer that animals are stunned prior to slaughter, we accept the rights of  Jewish and Muslim communities to eat meat in accordance with their religious beliefs. The advice that I have received, as we allow religious slaughter in the UK, is that any justification for this export ban would be difficult to reconcile with our obligations under the WTO rules.
The Government are clear that we would prefer animals to be slaughtered as close as practicable to their point of production. I would say to the noble Baroness, Lady Parminter, that our view is that conducting trade in meat and meat products is preferable to transporting animals long distances to slaughter.
My noble friends Lady Fookes and Lady Hodgson raised the issue of long journeys. The Government have a commitment in their manifesto to end excessively long journeys of animals going for slaughter or fattening. Two years ago, we tasked the independent Farm Animal Welfare Committee, now AWC, not only to look into controlling live exports but to consider more generally what improvements should be made to animal welfare in transport at the end of the transition period. We are considering carefully its report and detailed recommendations.
For example, Amendment 73 would make it an offence to transport farm animals for slaughter or fattening on journeys which are over 10 hours in duration. This 10-hour journey time limit would apply to all species. The AWC report, however, recommends species-specific maximum journey times. The 10-hour limit would be greater than the maximum journey time suggested for some animals in the AWC report—for instance, meat chickens and calves—but would be much stricter than for other species, such as sheep. The evidence suggests that sheep can travel for longer without an adverse impact on their welfare.
AWC’s recommendations also address a number of other important elements of animal welfare in transport, including the temperature and ventilation within the transporting vehicle, space and headroom allowances, and the specific issues concerned with transporting at sea. All these are important issues in determining the overall level of protection of animal welfare during transport. We are carefully considering AWC’s advice and recommendations, and I say to the noble Baroness, Lady Parminter, that we are launching a public consultation before the end of the year on how—and I underline “how”—best to implement our commitment to end excessively long journeys for slaughter and fattening and on measures for improving animal welfare in transport more generally.
I say particularly to my noble friend the Duke of Montrose that animal welfare policy is devolved, and we are working on an animal health and welfare common framework with the devolved Administrations to achieve consistency across the UK.
I am grateful to my noble friends for their formidable advocacy and their care for animals. I assure all noble Lords that the Government will advance the issues and fulfil their pledges. I do not wish to be part of the widow and judge scenario. I assure noble Lords that we are moving to fulfil our pledge. I hope that, with those words, my noble friend Lady Hodgson will feel able to withdraw her amendment.

Lord Russell of Liverpool: My Lords, I have had no requests to speak after the Minister, so I call the noble Baroness, Lady Hodgson.

Baroness Hodgson of Abinger: My Lords, I thank all noble Lords who contributed to this very important debate. I thank the Minister for his reply and also for the time and courtesy that he has given in talking to us before today. We really do welcome his sincere input.
I am glad to hear that this is work in progress, although I am concerned that it does not get kicked into the long grass and that it is always not now. I very much hope that the consultation will come forward quickly. We are leaving those animals to a terrible fate while we still allow them to be exported for slaughter—with or without stunning. We should be aware that, in doing this, we really are not ensuring the highest standards of animal welfare, as we have heard.
That brings to mind the saying popularised by General Morrison of the Australian army:
“The standard you walk past is the standard you accept.”
This is a standard that I would feel very uncomfortable accepting, so I hope we will move forward quickly with all this work.
I beg leave to withdraw the amendment in good faith that the Minister will do all he can to ensure that animals do not go on having to be exported for slaughter and fattening. I hope this comes into place as soon as possible and we live up to our election manifesto.
Amendment 71 withdrawn.
Amendment 72 and 73 not moved.

Lord Russell of Liverpool: We now come to the group consisting of Amendment 74. I remind noble Lords that Members other than the mover and the Minister may only speak once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 74

Baroness Hodgson of Abinger: Moved by Baroness Hodgson of Abinger
74: After Clause 34, insert the following new Clause—“Welfare of animals as sentient beings(1) Ministers of the Crown and local authorities must, when formulating and implementing any relevant policy, have regard to the welfare requirements of animals as sentient beings.(2) The Secretary of State must lay before Parliament an annual report explaining how the duty in subsection (1) has been discharged.(3) For the purposes of this section—(a) “animals” are any non-human vertebrates, any member of the Class Cephalopoda and any member of the Order Decapoda;(b) “IP completion day” has the same meaning as in section 39 of the European Union (Withdrawal Agreement) Act 2020;(c) “local authorities” has the same meaning as in the Localism Act 2011;(d) “Ministers of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;  (e) “relevant policy” is an agricultural, horticultural or forestry policy relating to the treatment of, or taking action in relation to, animals or their habitats.”Member’s explanatory statementThis new Clause incorporates into UK law the principles of Article 13 of the Treaty on the Functioning of the European Union which recognises animals as sentient beings and requires governments to pay full regard to the welfare requirements of animals in formulating and implementing agricultural, horticultural or forestry policies.

Baroness Hodgson of Abinger: My Lords, I believe that animals are sentient beings and that they feel pain, suffering and fear, as well as pleasure. This amendment seeks to incorporate into UK law the principles of Article 13 of the Treaty on the Functioning of the European Union, which recognises animals as sentient beings and requires Governments to pay full regard to the welfare requirements of animals in formulating and implementing agricultural, horticultural or forestry policies.
Noble Lords will be aware of much debate over this issue during the process of the EU repeal Bill. Since then, one draft Bill has been withdrawn following criticism from the then EFRA Committee and a second new draft Bill has been promised but has not been forthcoming. At the end of last year, a petition closed having secured over 100,000 signatures, backed by 40 NGOs and charities under the A Better Deal for Animals campaign, demanding that sentience legislation be brought forward immediately to protect animal welfare as we leave the EU.
I am proud of the high-level political support that animal welfare issues have in our country. In one of his first speeches as Prime Minister, Boris Johnson said:
“let’s promote the welfare of animals that has always been so close to the hearts of the British people.”
In a letter from the then Secretary of State, Michael Gove MP, to Sir Roger Gale MP, patron of the Conservative Animal Welfare Foundation, in March 2019, the Minister said that we will make
“any necessary changes required to UK law in a rigorous and comprehensive way to ensure that animal sentience is recognised after we leave the EU.”
In March this year, responding to the Westminster Hall debate in the other place on the aforementioned petition, the Minister, Victoria Prentis MP, said that
“the Government have committed to introducing new laws on sentience … We had an extremely clear manifesto commitment to do that, and I confirm that we will do so as soon as we can, but I am sadly unable to say exactly when that will be.”
The Minister also said, with reference to a number of concerns about Article 13:
“Frankly, it does not provide the sort of protection for animals that we want going forward.”—[Official Report, Commons, 16/3/20; cols. 233-34WH.]
It is only three months until the end of the transition period. We do not want a gap in the statute book on this issue. If the Government are not happy with Article 13 as it currently stands, could the Minister inform the House when they will be bringing forward their own proposals? Will it be in time, before we leave the EU? If not, I am not persuaded that having nothing is better, and I hope they are willing to accept this amendment as an interim measure until they come forward with their own proposals. I beg to move.

Baroness Fookes: My Lords, I warmly support this amendment and indeed have added my name to it. I must say that I am blessed if I can understand why this causes so many problems to the Government. I can understand how the regulations about how many hours an animal should travel raise all sorts of issues, but this is a general statement and I do not see why it cannot be introduced pretty quickly. I particularly like the part of this amendment proposing that an annual report must come forward from the Secretary of State to explain
“how the duty in subsection (1) has been discharged.”
I hope that is not offputting for the Government. It seems fairly reasonable to me and I hope that it can be introduced very rapidly.

Lord Judd: My Lords, again I congratulate the noble Baroness, Lady Hodgson, and thank her for having introduced this amendment. The amendment speaks for itself and she spoke to it well. In light of what happened on the previous amendment, I am sure we will get reassuring words from the Minister asking us to take them to heart and not press the amendment. It would be more convincing if a declaration of that kind, which I know he makes in good faith, were backed up with some specific indication in terms of timing—what will this mean and how speedily do the Government intend to act.

Lord Inglewood: My Lords, as a number of noble Lords may know, I am a livestock farmer, and if you are a livestock farmer you have to try to ensure that the animals in your care have the highest levels of welfare. It seems to me that that is axiomatic, and I believe that, as a general proposition, it is incumbent on all us to treat animals of all kinds properly,  whether farmed animals, domestic pets or whatever other category they may fall into. My concerns about the previous three amendments are that, quite honestly, they are very blunt instruments and I could not support them in the form they were drafted, for the kinds of reasons that were made clear by the noble Duke, the Duke of Montrose, and the Minister.
I remember many years ago there was discussion, when I was a Member of the European Parliament, about whether it was appropriate to introduce the concept of sentience into the legislative codes of the Union in order to underpin and safeguard the position of animals. At that time, I am prepared to admit that I was unsure about that, but since then, I am beginning to think that I was wrong. I do not believe that animals have rights as such, certainly not in the sense that we have human rights, but I do think, as I have explained on previous occasions, that humans have responsibilities—indeed, they should be legal obligations —towards animals and that these should be enforced. Therefore, I have come to the conclusion that something along the lines that we are discussing tonight, and was debated inter alia in the general election campaign, is appropriate, because it means that we can deal with these issues in a much more targeted and specific manner. I think that this would be much more beneficial, both for the society as a whole and for animals, than just simple, very broad, blanket statements, which is the approach that some people have adopted.

Baroness Bloomfield of Hinton Waldrist: My Lords, I beg to move that the debate on Amendment 74 be adjourned.
Consideration on Report adjourned.
House adjourned at 10.59 pm.